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Financial Settlement advice

Posted by Albie 
Financial Settlement advice
November 11, 2021 12:44PM
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Edited 1 time(s). Last edit at 11/26/2021 01:24PM by Albie.
Re: Financial Settlement advice
November 11, 2021 02:34PM
>>I assume an initial 50:50 split on home equity will be pretty much a given?
I assume a 50:50 split on savings/investments will be a given? <<

Yes to both assuming that such a division enables you both to buy suitable alternative accommodation. It is a long marriage and nothing has been mentioned which suggests there is any need to depart from an equal division.

>>Do you think I have a decent case to argue that my £200k pension pot and her £40k pension pot acquired before we met should be treated as non-matrimonial as her needs are (at least) met?<<

There is no reason why you should not argue that and if your wife accepts it then there is no problem. However, if you cannot agree on such a division and a court has to decide I think it is doubtful that your argument would prevail. Although it is true that these parts of both pensions could reasonably be considered non matrimonial I think that is likely to be outweighed by your respective ages and the length of the relationship. If you were both much younger and the relationship was much shorter you would have had a better chance with that argument but I think that boat has probably sailed. There are no absolutely hard and fast rules in these circumstances should you should not take this as gospel but in your circumstances I think the argument is likely to fail.

>>What might spousal maintenance look like here do you think given the disparity in our earnings? I was thinking of an offer in the region of £500 per month for 3 years – ie: capitalised at £18k? <<

Courts prefer a clean break where possible and your wife does have an income of her own so it is possible. Having said that, you do earn significantly more than your wife so she will probably end up getting a little more capital. This calculation is as good a way of working out roughly what that capital difference should be. What you are suggesting is not unreasonable but it is probably sensible to treat it as a negotiating figure rather than a figure to die on a hill for.
Re: Financial Settlement advice
November 11, 2021 04:00PM
Thank you for your prompt and clear feedback David, much appreciated.
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