Working out what's fair.

[kittensinmydinner1]

My friend is separated . Nisi but no Absolute. There is a house with a mortgage. Ex is sofa surfing but has long term gf with large house and no mortgage. (If that's relevant)
The house is worth about 600k but the mortgage is £400k.
2 DDs Teenagers.
He is self employed IT Consultant. High earner but terrible with money. Owes tax , VAT etc. Has dds EOW.
Not a bad person though and makes regular payment that pays the mortgage and has done this for a year.
Friend is a low earner and mid 50s. No prospect of increase. Perhaps £200 pw self employed.

What is fair ? .
Friend can't ask lawyer as has no money to pay for a consultation.
Ex doesn't want to keep paying mortgage as wants to 'move on'.
So does friend. However she is afraid that as only ex can afford a lawyer she won't get an agreement which is best for the dds (mostly related to housing them.) .

She really does need to get legal advice though. She's entitled to a share of his pension and any other assets etc.

Unfortunately there is no pension, and no other assets besides the house. He really is not good with money, a very large part of the reason for divorce. Big earner but even bigger spender on clothes, eating out, holidays.. no savings at the time of the split. Don't know about now - but no reason to expect he has changed. The only thing he reliably paid/pays is the mortgage.

To OP

Every case is different and Courts are obliged to determine what is fair to both. Generally the weaker earner will receive a larger share of assets as higher earner has time to catch up.

Child Maintenance will be payable until Children are 18 based on a % of what paying parent earns. Spousal Maintenance, if applicable, will be based on weaker earner's reasonable needs and what disposable income paying partner has after their needs have also been taken into account.

Weaker earner can ask court to issue a LSO (Legal Services Order) so that higher earner pays the legal costs of the weaker earner. Such costs will form part of the final settlement, but it give the weaker earner the chance to be represented.

If you want opinions I'd say 50/50 worth of the house each and he pays child maintenance but she really needs legal advice.