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Re:Striving for a clean break or as close as possible (1 viewing) (1) Guests
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TOPIC: Re:Striving for a clean break or as close as possible
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Re:Striving for a clean break or as close as possible 3 Months ago
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Thanks Sera,
Like you say it's the long term impact that's the issue here and my desire to break free from being beholden to him for any longer than necessary. I think he's talking about a 50% share of all assets but his potential to recover from that split is far, far greater than mine which makes it seem unfair to me. I'm not expecting to maintain the lifestyle I have enjoyed on his income, nor to burden him long term for maintenance (bar his responsibilities for child maintenance), I would just like some sort of proper recognition for my contribution and, as you say sacrifice of my career, which makes my case a bit unusual. I will certainly take your advice and will definately not be signing anything.
If there is anyone else out there who can advise, I would be very grateful.
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Re:Striving for a clean break or as close as possible 3 Months ago
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A Court would only have to address your 'Needs'. We also have three mortgage free properties; but I lose out because of the Short-term marriage clause. Therefor my Lump Sum settlement is a tiny percentage of assets.
The Court can split profits; and in your particular case; it might be 50%-50% is considered fair. You see bigger percentage splits (usually in favour of the wife) when there are only enough assets in the pot to cover her needs to provide a home for herself and children.
A Court does not have to address Inheritence, and this is where your case might fall below what you think is fair. You state: "his potential to recover from that split is far, far greater than mine" But that argument doesn't always stand up in court.
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Gee Toto; I guess we're not in Kansas anymore!
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Re:Striving for a clean break or as close as possible 3 Months ago
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Thanks again Sera,
I think I am finally understanding what the asset splitting actually means in legal terms.
I think what I would like to achieve in my case is to be as independent as possible from my husband, which might mean offsetting my share of the pensions and other bits and pieces against the full value of our house (whatever that is!?!). Ideally, in this market and to avoid too much disruption to my child, I would like to stay in the FH for the next couple of years, although I will need help with the bills, until I can work full time. Can I offset spousal maintenance to achieve this? I am not sure for how long I can expect maintenance anyway?
I think the sixty-four thousand dollar questions are:
Is it reasonable/realistic/fair/unbelievable! to ask my husband to let me have enough of the assets to achieve this which may leave him with little/nothing in cash terms in his hands now, bearing in mind one of his bonuses would start him off again and he would have the lion share of his salary?
If there isn't enough cash to clear the mortgage to allow me to do this, would he be able to support a small mortgage on the FH (with possibly an interest in it) and still be able to raise a mortgage for himself?
A clean break is my aim, unless some bright spark can advise me otherwise.
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