Financial settlement and Redundancy

[AustinRd]

Can anybody put my mind at rest? 18mth post split Ex refused today engage in settlement then took it upon themselves to file with court. Due to exchange form E shortly (did all this back in Jan 19) At separation both has v similar salaries, both similar pensions and savings leaving just house. DC live with me and I have offered 50/50 split on house. But acceptable to ex as he doesn’t accept 4 estate agents valuation.
I’ve just learned ex may be losing their job, any insight into how the judge will view this as part of the settlement? I don’t want any part of any payout I’m thinking more about equity split on the property and they fact their earnings will fall to £0 until they get a job. Will the fact that it’s been over 12months since I made the offer and have continually tried to settle be noted (I also suspect ex has run up significant debt since he left - he’s a recovering gambling addict)

When considering the financial settlement, the court will look at his earning potential rather than his actual earnings.

He will have to declare the redundancy settlement. If he gets another job quickly the court may take it into account in determining the equity split. That doesn't mean you will get part of his redundancy payment but it could mean you keep more of the equity in the house.

If he has run up significant debts since he left that may also be taken into account and reduce the amount he will get.

So he could get more than 50% of the house if his redundancy payment isn’t significant as I will be the only one earning?
His potential is still to earn a 6 figure salary but dependent on him getting another job and nobody has control over that (I myself could be made redundant the day after we settle but would have no come back)
If he’s awarded a greater share that could be the difference between me buying him out of the house and not and this is a big concern due to children’s MH issues. I’ll obviously receive no maintenance for the children while he is out of work but he could walk away with £300k plus

As I said, what matters is his earning potential, not his actual earnings. If he is capable of earning a 6 figure salary the settlement is going to be based on that rather than the fact he is currently jobless. So no, he won't get a greater share of the house because he is jobless. He will get the same share he would have got if he was still working.

Thank you so much, I appreciate you taking the time to respond. Ive been so stressed about this. My ex was/is EA and has put DC and me through 15m of court cases re access (He refuses to accept Cafcass reports and changes demands/his plans every hearing) with a further final hearing imminent. This news nearly sent me over the edge. I may actually sleep tonight