Urgent advise needed Form E court and what could happen

[Emmab4233]

Okay folks

here is my story, my solicitor is not great so I am open a plea for someone to give me some advise here

My husband has a non mol in his name two girls 13 and 6 I filed for divorce on grounds of unreasonable behaviour, we cannot communicate so not suitable for any mediation, we have our first court date in April. I have lost my job back in December of last year, I only worked part time didn't earn much. I am now on Benefits signed off on sick due to panic attacks. I do intend to return to work soon, but even when I do I don't have a good career that I am able to pay the mortgage on my own.

I have legal aid due to the Domestic violence. I know this is not relevant in Financial hearing

Husband earned 75K just been made redundant.
he has large pensions, at the moment he is paying the bills I can't as I don't earn anything in the region of what he did Money is tight I do have a few huge bills.

I read on here that some people say their husbands have been left with the home, is that because you didn't take this matter to court?

Are they likely to say I have to leave and he can stay, I was under the impression that they looked at the welfare of the children, and surely to make me leave our home would be very traumatic for them.

Can anyone give me a picture of what is what, I had been told I would received 50% of his pension plus at least 50% of the sale of the house, and the court are likely to award it has to be sold.

any help would be great.

Not possible to say what a Court ruling would be as each case is different. So be wary of any generalizations you may hear.

Assets accrued during the marriage will be considered Jointly owned, but that does not oblige the courts to split 50:50. Many factors will be taken into account such as; length of marriage, age of children, did one partner give up their career to be the homemaker, do either of the partners have any health or disability issues that prevents then from working, what are the potential future earnings, etc, etc. The list could go on and on.

However, courts will give priority to the needs of children. That there is a 6 year old child involved will likely go in your favour if you are to be the main carer.

Good luck.

Depends on if your gave up your career to raise the children, the equal equity of such. Income and money prior to marriage. They will try to make it as if you never met where would you be financially fairly

thanks both, we have been married 20 years kids are 13 and 6 I did give up my Career, I worked full time previously. No long term health but I have been signed off any work due to the stress I am under with the DV. He has a good career, can continue, and I would struggle to get back to where I was been out of business 17 odd years.

Because he is paying the mortgage now and supporting both boys will they let him have the house and me have to move out, neither of us can buy the other out and there are no saving and about 180K in the pot!

Would they say it is in the best interests of my kids to stay in their home that he can afford and I can't. No saving for either of us.

Any general advice would be good.

Hello can anyone answer please?

They will look at housing needs for both of you..if neither of you can afford the house solely so it is likely to be sold.

Do you know figures for house equity and pension?
Housing will be a priority, using the equity and any mortgage raising capabilities, which he is likely to have. You will have to maximise your earnings so you will need to look at what you can earn when back at work.

Is first hearing FDA? Usually a very short hearing to agree questions and set timetable for FDR.

Hello lifebeginsat50!
that was my original question, my husband is paying the mortgage at the moment and whilst he isn't comfortable doing it he can maintain it as he is, so I asked if the court would rule that I had to leave, he had DV in his name and I have nothing and have been the main career for all the childrens lives.

Yes I understand I have to maximise my earnings I have a six year old and have only ever worked part time doing low paid low level jobs, sorry to say I gave my career up after my first was born, I cannot earn much more than 8/9k so very low level in comparison to the 65K he is on.

My husband is an abuser violent plays games and is very manipulative it is horrible but I know now of this can be used in court. I want out faster than you can say it, Ive done 20 years and for me that's my time done finished over, complete

anymore advise on what Ive said would be amazing thanks so much

Yes it is a first hearing and I know what to expect and that is not much!