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History: Home UK Divorce Forum
Help on ancillary relief (2 Posts)
Started By:
14 February, 2017 06:05PM
Help on ancillary relief
Bonzo44 - 14 February, 2017 06:05PM
My wife wants a divorce and this question is about ancillary relief.

We have been married around 10 years and I don't want a divorce as I think it will have an adverse effect on our children, who are 8 and 5 years old.

I earn approx. £42K a year (£2600 per month after tax) and she earns around £1K a month after tax working 30 hours a week.

Our house is worth approx. £260K with £60K owed on the mortgage for which I pay £530/month.

We moved into the house 5 years ago after I'd paid off my previous mortgage and I brought around £120K of equity into the new house which I paid £186k for.

I pay all the household bills apart from the internet, which she pays for along with her car tax, insurance and petrol. My monthly bills are around £1875, which includes the mortgage.

We have tentatively agreed that if we get divorced I would have the children every weekend and she would have them during the week. Holidays would be split between us.

I would pick the children up on Friday after school and drop them off on Sunday afternoon. According to a government website I would have to pay around £400/month maintenance.

What options do I have when it comes to keeping the house? Will I have to move out or will she?

The rent on a house in my area is around £850/month. Is it possible to continue paying the mortgage on the house instead of maintenance?

If we sell the house, how much equity would she be entitled to?

I have a final salary pension and have paid into it for the last 12 years, and 10 years into a pension fund with my previous employer. She has paid into a works pension scheme for the last 5 years.

I know that it's an extremely open question and that I need to take legal advice at some stage but I would be grateful for some initial direction/guidance about what options are open to me.



Edited 1 time(s). Last edit at 14/02/2017 09:23PM by Bonzo44.
Re: Help on ancillary relief
davidterry - 15 February, 2017 12:30PM
It is only practical to sell the house if by doing so it would release sufficient equity to enable both of you to be rehoused. Bearing in mind that your wife earns less than you, has a lower mortgage capacity and will have the care of two dependent children it may be that if the house was sold she would be unable to buy a suitable alternative. In that case she and the children will end up remaining in the house and she will pay the mortgage from her own income, the child maintenance she will receive from you and perhaps some spousal maintenance. If it is not practical to sell the house you may retain an interest in it (perhaps in the region of 25%) not to be realised until such time as your wife does or remarries or the children cease to be dependent.
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