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Is this settlement fair?

Posted by amoore70 
Is this settlement fair?
October 02, 2020 12:35PM
Married for 18 years, wife is 41 and I am 50. We have two children of 13 and 10.
Equity in marital home is £540,000. Pensions £10,000 to her and £130,000 for me.
Wife earns £42,000 (with salary, child maintenance, child benefit and disability allowance for daughter)
I have not worked for 6 months because of COVID but have continued to pay the mortgage on family home £1510.61 per month.
I had a limited company but am closing it and court agreed my salary would be around £35,000 if I took a permanent job,

In first hearing in February when I was working the judge ordered 65% / 35% in her favour. I thought this was high and was hoping 60% would be fairer. I therefore took it to a final hearing and went through with it because I hadn't worked for months so thought my case would be even stronger now.

Anyway at the final hearing the judge ordered 70% to her to my horror. I didn't have a barrister this time as I couldn't afford one because I was also ordered by the court to pay the mortgage every month and didn't want to get into debt.

Is this settlement fair as I don't feel it is at all. I have written to the court to appeal it but I have read that appeals are very given. In hindsight wish I had accepted 65% now and would settle for that but had no idea I would get a worse settlement at the final hearing.
Re: Is this settlement fair?
October 02, 2020 02:27PM
It would be rash of anyone to second guess a judge who has heard all the evidence and considered it. Judgements cannot be appealed simply because one party does not like the outcome. In order to be appeal to appeal this type of case one either has to show that the judge has made an error of law or else reached a decision that no reasonable judge could have reached. These are high bars to cross.

It was almost certainly a mistake not to have been properly represented at the final hearing. Having said that, judges do usually try to be fair and they give reasons for their decisions. There are many things not fully explained in this post. For instance, you say that court agreed that your salary would be about £35,000 but you say that your wife's income is £42,000 (with salary, child maintenance, child benefit and disability allowance for daughter). That is not really comparing like with like. Also the mention of disability raises a flag. There is obviously rather more to this than made out in the post.
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