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Financial split. Court. Advice or previous experience.

4 replies

Unicornonmypants · 10/03/2019 14:20

Hi. Ex and I separated 15 months ago. Original suggestion from solicitor was to go to mediation to discuss the financial split of house equity. Then apply for divorce and get a clean break financially.
Ex has refused to go to mediation on the grounds of cost. Also refused a 'round table' discussion with both of us and both solicitors- again supposedly solicitor had advised this was too expensive.
We're now in the position of 'offers' being tossed around via solicitors. I will not deal directly as ex put me through domestic abuse (brilliant gas lighter).
Our house goes on the market on Monday.
If ex gets what they want - a 45/55 split then I cannot afford to buy again and my 3 and 5 year olds and myself will then be in rented accommodation wasting the equity on rent. Whereas ex can afford to buy again. Ex is full time, on higher prorata pay than I am. I'm part-time in order to care for our children outside of school hours. There is no registered after-school childcare in this area (except for the childminder that ex got overly friendly with).
I've looked into a Mesher Order, but cannot afford the full household outgoings on my income. Ex has paid nothing toward the mortgage or childcare since moving out. I was full time last year (maternity cover), so know the local childcare situation. My parents are no longer well enough to give so much time to looking after my children.
I may be changing solicitor as she doesn't seem to be keen on giving advice or fighting my corner.

If we take this to court - can I bring up the domestic abuse?
What other factors are taken into account?
Any advice would be much appreciated.

OP posts:
Collaborate · 10/03/2019 22:32

The domestic abuse is not legally relevant.
Look at s25 of the Matrimonial Causes Act.

Unicornonmypants · 11/03/2019 20:57

Ok. Thanks.

OP posts:
Unicornonmypants · 11/03/2019 21:02

What does s25, (2) (g) refer to? "the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;"

OP posts:
Collaborate · 12/03/2019 00:17

It means only the most serious of misconduct, such as conduct that has serious financial repercussions, or something close to murder.

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