Ending a marriage , no income

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I'm making an appointment next week to look at my options in ending my marriage

I'm looking for practicalities
We joint own an expensive house
We have two children
I gave up work 4 years ago to look after our children and support his career

There are problems with his behaviour and he has been arrested one time when he was intoxicated and I called the police and he was removed from the house to protect the children .

He thinks I wont leave because I have no income

What should I expect from the solicitor?

Depends on the solicitor. I was once turned away from one because she suggested I wouldn’t be able to afford to fight and it would be a waste of her time.

but then I spoke to another who was very helpful.

your options as far as I recall are:

• get a court order to force the sale of the house
• get a court order to allow you to stay in the house until your youngest turns 18. These orders are more likely to be granted in DV cases.

do you have a mortgage? Would you be able to afford to pay it? They won’t sign a house over to you that you can’t afford I don’t think. What’s your plan for getting an income? Your solicitors advice will vary depending on that.

The solicitor will want to go through all your finances - income, debts, amount paid off of mortgage etc.

My situation is different but we’re having to sell the house and then I’m using the equity from that to buy somewhere smaller for me and the kids.

Forgot to say first port of call for your solicitor will be to try to convince your DH to do things amicably so no court orders. Just reaching an agreement yourselves or via mediation. But if there’s any DV I think they may skip mediation.

Much does depend on ages of children however judges expect parents to maximise earnings.

Can you work out the equity/pensions/savings? If you know his income then you can work out CMS. If he is a higher earner some spousal maintenance maybe an option but it is usually time boxed to allow you to establish your career.

However you will need to see a solicitor.

At the first meeting - your solicitor won’t be able to tell you that much.
You will describe your situation - background, relationship history; your assets/his earnings, kids.
Based on that they will most likely tell you that there is a range of possible outcomes.
Solicitors can never say much definitively.

They’ll also tell you what they charge.

Most likely - these days - with only a 4 years of career break - you’ll be expected to return to work. If kids are still small - and there is enough money for spousal support - you may get a bit while they are in primary school and you are rebuilding your career.

Assets most likely get divided 50/50 ish. If you can’t afford sufficient housing - there may be a way to allow you to stay in the family home till kids finish school.
But all of that really depends.

Do you have your own account with any child benefit paid into it ?

I’d say work out your finances carefully. A solicitor can guide you through the divorce process but you need to be acutely aware of everything financial.
If the house is sold and equity split can you buy a smaller property for you and children?
Can you work ? Work out the practicalities and cost of childcare for going to work.
As an alternative can you make money from a property? Maybe live in a house where you can rent out part of it?
Look at all the assets of the marriage and make sure they add up. My friend was so bamboozled by her DH she was cheated out of many thousands he’d managed to hide.