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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.

Financial Split Domestic Abuse/No Contact

10 replies

InTheThickOflt · 07/01/2024 23:12

Hi all,

NC as I'm worried about ff seeing this.

STBExH physically and emotionally abused me and the children. Very lengthy FF hearing (6 days), significant findings made against him. S7 report rec no f2f contact, Judge agreed to indirect letters only. He shows no remorse, and still denying he ever did anything wrong. He hasn't seen them in 3 years, and in that time has sent 3 letters.

DD1 9 suffering PTSD and anxiety due to abuse, seeing psychologist weekly for therapy, also diagnosed ADHD/ASD/ODD. She doesn't sleep, scared he's going to come back and attack her, constantly wets the bed and we're generally up every hour or so.

DD2 3 selective mutism, ARFID and suspected ASD (meltdowns and self harms)

I worked 25 hours after DD1, but after DD2 went down to 16 hours, and tbh struggling to keep to this with the countless GP/hospital appts, calls from school to collect DD1 due to behaviours etc. My days off are filled with endless phone calls to make, referrals to chase, prescriptions to collect etc. I wake up everyday dreading what may come.

First financial hearing due next week- STBExH not replying to my solicitors emails, not attempting to negotiate or provide information asked for. Form E was completed and exchanged, but no contact since.

A few assets- Marital home (approx £300k equity, £200k outstanding) which me and the kids live in, with ex currently paying mortgage payments but fixed rate ending soon and interest will sky rocket so he may just stop. Plus ex owns a BTL valued around 200k fully paid off, and another property he lives in with his siblings valued £400k fully paid off (4 bedroom house split between 3 of them), both these properties were purchased before marriage.

His Form E states he wants enough equity to rehome himself and the children into suitable housing (Court paperwork states he can only send them letters 3 x times a year and there's a restraining order that he can't come near me or the kids).

I want to ask the court if I can ask to sell the marital home, but keep all the equity for me and the kids to rehouse somewhere smaller, mortgage free. I can't afford the repayments, plus house has bad memories for all of us and want to get out ASAP, and I simply wouldn't qualify with any bank for any mortgage. Am I being realistic when honestly I haven't actually contributed a penny to the mortgage since having DD1 as all my income went on household stuff, whilst ex paid all the "bills".

I can't see my DD's needs changing anytime soon, and I am absolutely exhausted all day every day. Have very little income for myself (approx £800 pm after pension). DD1 has just started to receive DLA before Xmas, so not disclosed on the Form E which was sent months ago, would I have to disclose this as income in court? I do receive UC, which was about £800 per month and I disclosed it on the Form E, but since the DLA it will go up another £400ish I think (disability element and carers). Will that mean that I am now classed as having a better income and therefore less likely to keep the family home equity?

Sorry for long post.

I am too mentally drained for all of this. I thought the contact case would be the hardest, but if things go his way I won't be able to keep a roof over our heads.

TIA x

OP posts:
InTheThickOflt · 08/01/2024 00:33

Bump anyone?

OP posts:
SapphireSeptember · 08/01/2024 08:40

I'll bump it for you. No advice, just a handhold, as that all sounds horrendous. I hope someone can give you some advice. 💐

Whattodo112222 · 08/01/2024 08:51

You will get answers telling you to speak to a solicitor OP. That's the best person who will advise you.

InTheThickOflt · 08/01/2024 09:01

SapphireSeptember · 08/01/2024 08:40

I'll bump it for you. No advice, just a handhold, as that all sounds horrendous. I hope someone can give you some advice. 💐

Thank you Sapphire ❤️

It's been a long road since I became pregancy with DD2, I knew we needed to get out. I just feel like I am constantly fighting something or someone, and I'm just not getting a break.

Money is very dear to ex, so I think this will be the biggest fight yet.

OP posts:
InTheThickOflt · 08/01/2024 09:07

Whattodo112222 · 08/01/2024 08:51

You will get answers telling you to speak to a solicitor OP. That's the best person who will advise you.

Thank you. I do have a solicitor, but tbh he's not the best, but all I can afford. He's suggesting I ask for a 70/30 split of all three properties which I don't feel comfortable with- I've never lived in them nor contributed to them in any way.

Will I have to send more updated financials further down the line which would include DD's DLA? DD1's psychologist and CBT set me back £75 a week, and DD2's SALT £80 a week so not like anything left after these have been paid anyway. It's eye watering.

Already in so much debt after paying for a barrister for the fact find hearing and everything to date.

OP posts:
millymollymoomoo · 08/01/2024 09:48

I think you’re unlikely to get a 70:30 of all properties tbh not because you have financially contributed but arguably more than your needs and it appears the house he’s living in his not just his anyway

are there pensions to consider?

housing the children will be a priority the court will consider so if he has other assets to offset you may get all the equity from the fmh but as others has said you really do need solicitor to guide you

InTheThickOflt · 08/01/2024 13:29

millymollymoomoo · 08/01/2024 09:48

I think you’re unlikely to get a 70:30 of all properties tbh not because you have financially contributed but arguably more than your needs and it appears the house he’s living in his not just his anyway

are there pensions to consider?

housing the children will be a priority the court will consider so if he has other assets to offset you may get all the equity from the fmh but as others has said you really do need solicitor to guide you

I don't even want the 70/30 split, I think it's unfair when the other houses are quite frankly nothing to do with me. 50/50 would be me keeping the fmh equity plus maybe a little more to help pay some of the debt accrued in these proceedings.

My pensions approx £30k, his I have no idea as he didn't value it but NHS consultant so I can imagine quite a bit. He's also got considerable share investments although he's not disclosed them and I wouldn't know how to find out about them.

I'm getting a bit fed up of solicitor as he keeps pushing for more but I just want this over and done with so I can move on with life with a bit more stability and certainty, but at the same time don't want to sell myself short as any money would help towards kids future. £300k in our area would probably get me a 2 bed house, possibly 3 bed but would need a lot of work doing.

OP posts:
millymollymoomoo · 08/01/2024 13:38

He’s probably got v large pension

this HAS to be valued before any split of equity can be assessed or agreed

your solicitor needs to be insisting on disclosure

if this is indeed pretty substantial then 100% equity is much more likely and indeed maybe other things too

InTheThickOflt · 08/01/2024 13:57

millymollymoomoo · 08/01/2024 13:38

He’s probably got v large pension

this HAS to be valued before any split of equity can be assessed or agreed

your solicitor needs to be insisting on disclosure

if this is indeed pretty substantial then 100% equity is much more likely and indeed maybe other things too

Hoping the judge will force the disclosures, as he's not replying to any emails from solicitors.

Feeling miserable- found out last week that sister has stage 2 breast cancer and will need a lot of support with her little ones too. Don't know how we're going to get through this.

OP posts:
waterSpider · 08/01/2024 14:35

An NHS consultant aged 55+ could easily have a £1million pension. If a lot younger, probably worth about £25,000 per year worked.

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