Financial Split on Divorce

[tony wright]

My Sister in Law has eventually decided to go ahead and serve divorce papers on her Husband. They split 3 years ago when he cheated on her and it knocked her for six.

She hasn't got a penny to rub together and the separation took so long as he agreed to pay half the mortgage so they didn't have to move out of the house as she was only working part time. She continued to receive half the mortgage payment for three years but nothing else i.e. no maintance for the two kids so she had to go full time, as well as take on extra work during the evenings (dog walking) to pay her half of the mortgage and support the children. Now she has decided to get divorced she has told him she will sell the house as their oldest is at University and youngest at College so she can know look to downsize.

She will be going to see solicitors next week but mentioned to her ex that a 60/40 split should happen as she will need the larger amount to help purchase or rent new property and he threw a fit demanding 50/50 as he had paid half. If they both get lawyers involved would they see the injustice and are they likely to tell her to peruse the 60/40 claim?

[tony wright]

Agree, the cheating is irrelevant. I suppose the question of fairness comes from him paying 50% of the mortgage costs for the last three years. If he then receives 50% of the value of the house in reality he has paid nothing towards the cost of the kids since the split. He did remind her that he had given her more than 12k since they split (his half of the mortgage payments). Really it's been an investment for him as he will get it all back plus extra as the value of the house has risen.

[tony wright]

Two parents working with two children split and only one of them is responsible for providing for the children, in what sense is that fair. Surely CSA wouldn't exsit if parents decided enough was enough and were able to walk away without any finacial contribution for their children.