DV

[GreenWa]

Hi,
I recently asked my husband to leave the family home after a history of DV. When speaking with a solicitor, I was advised that in the event of divorce the judge would not approve a mesher and instead would be in favour of a clean break.
Problem being is whilst he has built up his career, I've been raising the children with a part time job. So I'll be unable to get a mortgage, in order to house the children and myself.

Has anyone had any recent experience of this?

Thanks

A mesher order is only going to be an option if there is enough money in the joint pot for the leaving parent to house themselves.
if there’s not enough money for two houses in the same area, then you will need to sell up, split the equity (you have a good case for getting more than 50% for the reasons you’ve detailed, obviously that’s quite a standard scenario) and move to a cheaper area.
a clean break doesn’t mean 50/50; it means reaching a decision of what percentage is fair given the problem you detail. It will depend a lot on the disparity of your full time salaries.

Thank you.
It's such a mess.

Have you worked out what child maintenance you will get from him? Add that to your pot. And universal credit. And your wage. Possibly 60% of the equity if clean break over spousal. You should be fine if in Uk op x

in answer to your original question. I get spousal maintenance too from my ex, same reasons as yours. It was a few years ago now. I didn’t realise anything other than 50/50 was a thing though. I might have preferred a clean break tbh.

I contacted CMS and they gave a figure that he has to follow. And our mortgage every month isn't that big, I could probably afford it on my own but he's entitled to the equity. Then because of my hours I'm worried that I won't be able to get the mortgage without him.
Doesn't help that I spoke with a person from a leading dv charity about the situation and she laughed at me and said it would be better financially if I stayed.

Are there any pensions? It’s all assets that are split. What me and my ex did was as they were equal, I got all the equity in the house and he kept all his pension.

what a horrible person who laughed at you. Ignore her. Push on. No amount of money is worth DV.