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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

He’s just lost his job - how does this effect divorce? Child order.

6 replies

BlackTulip71 · 06/08/2019 22:43

I’ve started the ball rolling with regard to applying to court with my c100 and Form A

He was told yesterday that he is losing his job. He may go for unfair dismissal or take a 3 month pay off with non disclosure agreement. It’s not the first time he’s been out of work and I would imagine he will be back in employment soon.

How does this effect our situation? I was applying for main custody for our 2 girls (12 and 11) I want to stay in our family home and proposing to buy a 2nd home for him. I was planning on children seeing him every Wednesday night and alternate weekends.

Would the court see this different if he were out of work?

Does his employment effect divorce proceedings ?

Any help appreciated. Thanks.

OP posts:
PortLouis1996 · 07/08/2019 07:55

Would the court see this different if he were out of work?

Does his employment effect divorce proceedings ?

Did in my case. Ex started divorce when they were a high earner. By time courts became involved they had been made redundant. At time of final hearing ex was still unemployed. So they received a larger share of assets.

Soon after they found another high paying Job with previous employer. CM and SM can be revisited, but not the asset split apparently.

Was it just the way things worked out or was it planned? Will never know, but judge was convinced it was a downturn in Oil and Gas that caused the redundancy. However, that ex is now with same employer as before I sometimes wonder if it was a planned break for the purpose of the divorce settlement.

millymollymoomoo · 07/08/2019 13:09

Is he disputing child access arrangements? If so then I’d imagine being out of work and available might strengthen his position but I’d also expect a judge to expect him to maximise earnings ( as they would for either party )

Are you fairly amicable and roughly in agreement on finances and children or us there a large disconnect ?

WhoKnewBeefStew · 07/08/2019 13:30

Also if he gets a payout via unfair dismissal or redundancy you are entitled to half of it. The same happened with my ex and my solicitor said I could claim half. I didn't, I just used it as a tool to stop him having half my pension.

PortLouis1996 · 08/08/2019 02:32

Also if he gets a payout via unfair dismissal or redundancy you are entitled to half of it

Redundancy payments would be included in the total assets to be divided. No certainty the final divide would be 50:50.

MooseBeTimeForSummer · 08/08/2019 03:29

Why would you buy him a house?

BlackTulip71 · 09/08/2019 17:22

Thanks all for your replies.

It certainly seems bad timing. Nothing he could have done or foreseen.

I’m hoping he bounces back and finds new job. I’m not interested in sharing his unfair dismissal money. More keen for him to get himself back on track ASAP.

I bought more assets into the marriage and have investments that I can sell in order to buy 2nd home so I can stay in family home.

S@#t hit the fan this morning when he received the first hearing court date re the children.

I’m just worried how this new employment position will play out.

I work part time from home so still in a financial and parental position for the children to reside primarily with me.

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