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Just had my FDA, need advice
#11
(08-04-2017, 07:35 AM)cw74 Wrote: I've had a written settlement offer through, which I think is ridiculous but I'd be interested to know any thoughts. I've just copied the actual terms here..

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1. The property is transferred to our client free of any further interest by yourself.
2. Our client would use her best endeavours to obtain your release from your mortgage covenants.
3. Additionally our client would retain the contents of the home.
4. You would each retain your own assets and liabilities without claim from the other including you retaining your pension.
5. You would agree to a child maintenance order in the sum of £500 per month to continue until such time as {child} reaches the age of 18 years or ceases full time education whichever is the later.
6. The settlement would be on a clean break basis which means that all your respective financial claims would be dismissed including future inheritance claims.
7. You would each pay your own costs.

We would refer you to the House of Lords case of White v White which established that the breadwinner is to be considered the same as the homemaker in these situations.
--

So, to break it down - they are asking for my ~52% share of the house in exchange for maybe getting off the mortgage. Also paying £500/month until the end of full time education (which I presume means after university), and ignoring any future inheritance claims (there is one outstanding one, which tbh I wasn't really interested in anyway but having it specifically noted seems indicative of something).

Also, this White v White mention - can anyone advise on this?

Thanks

cw74

White v White doe not change the fact that it was "Family Money" what paid the mortgage.

Up to Separation it was 50/50. From Separation, it comes down to how is paying what, pro rota.

I would not agree to their demands for Child Support of £500. I would say you will pay the £20, to put CMS in. Under the law, the requirement to pay is when Child Benefit stops, what by default is the summer after 16. The Education run on can happen until the summer after 19, subject to
12 hours timetabled study in term time
not working in excess of 24 hours a week in term time
Not claiming any state benefit in their own right.

Do not agree to the education clause, as one member on here had his ex putting the child (in their 20's) into courses what was not needed.

What her Solicitor is trying to do, is disguise Spouse Maintenance as Child Support, as its not considered as income for Means Tested Benefits, when Spouse Maintenance is.

In a CMS situation, you can apply to have your Mortgage payments considered. Due to her lack of ability to get a Mortgage, do not agree to any deal unless it involves her getting a Mortgage in her own name, and then buying you out (even if its just a case of you getting a charge on the house, so you get paid when she sells it).

She only has a claim on 50% of your pension, payments made into it during the relationship, and any pension she obtained in the same period needs to be considered. (Note if she was getting Child Benefit, her NI Stamp was being paid, counting towards her state pension).
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#12
I think White v White was more about when assets exceed fair and reasonable living expenses (The whole case was around assets valued at circa £4.5m)

I think the Mrs got £1.5m, so not 50%.....
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#13
There is a benefits disregard around money from house sales -

“Money from the sale of premises which were lived in as the home is disregarded to
give a person time to buy other premises if the person is going to

1. use the money to buy premises and
2. live in those premises as the home.

The period of disregard is 26 weeks or longer if it is reasonable from the date of
sale.“
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