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Court outcomes for divorce and finances
lisao76
Posts: 117 Forumite
I have posted a few thread on here regarding my situation and found everyone very helpful so I wondered if anyone could share their experiences of divorce proceedings for financial agreements in court please?
Brief history split from husband of 15 years due to emotional abuse mainly.
I have always worked and paid all bills he is on PIP and ESA support (something which is a little dubious and questionable but non the less he is).
I earn £38060 year as a teacher he receives around £8500 year in benefits.
He moved out in Feb 18 to live with his mum as he couldn't bear living in same house.
He was arrested in March 18 for harassment and entering the house and threatening to kill me but was cleared as it was my word against his. He continued to shout abuse in the street at me and send horrific emails, as well as keying my car 7 times. The police said we could prosecute but it was unlikely as no evidence of car keying and no threats in emails. I decided for the sake of my children, who had been through enough not to prosecute (as well as the fact that I am still terrified of him).
We have two boys aged 13 and 15, both live full time with me and go to see their dad as and when they want (about one night a week, but only one at once not together) He stated in his form E he is happy to see the boys now and again and told me several times he wants no set visiting or contact.
I pay all bills and mortgage on jointly owed house and have for the last 15 years and he pays nothing towards the house or the boys.
I have offered him 60% of equity to cover my pension as well but he refuses to accept and is now not engaging with his or my solicitor so my solicitor says no choice but to go to court.
I have decree nisi, but need financial agreement to apply for decree absolute.
Can anyone give me advice on what to expect from the court, will I end up paying him more?
Brief history split from husband of 15 years due to emotional abuse mainly.
I have always worked and paid all bills he is on PIP and ESA support (something which is a little dubious and questionable but non the less he is).
I earn £38060 year as a teacher he receives around £8500 year in benefits.
He moved out in Feb 18 to live with his mum as he couldn't bear living in same house.
He was arrested in March 18 for harassment and entering the house and threatening to kill me but was cleared as it was my word against his. He continued to shout abuse in the street at me and send horrific emails, as well as keying my car 7 times. The police said we could prosecute but it was unlikely as no evidence of car keying and no threats in emails. I decided for the sake of my children, who had been through enough not to prosecute (as well as the fact that I am still terrified of him).
We have two boys aged 13 and 15, both live full time with me and go to see their dad as and when they want (about one night a week, but only one at once not together) He stated in his form E he is happy to see the boys now and again and told me several times he wants no set visiting or contact.
I pay all bills and mortgage on jointly owed house and have for the last 15 years and he pays nothing towards the house or the boys.
I have offered him 60% of equity to cover my pension as well but he refuses to accept and is now not engaging with his or my solicitor so my solicitor says no choice but to go to court.
I have decree nisi, but need financial agreement to apply for decree absolute.
Can anyone give me advice on what to expect from the court, will I end up paying him more?
0
Comments
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What was wrong with the answers you got in your previous thread?
As you seem unwilling to discuss specifics of finances then we can't really give you any further advice. If you decide to give us more information then we'll give more accurate answers. However the starting point is a 50/50 split of all assets.0 -
My previous posts were about slightly different things and not court as such, what specifics of finances do you require. Apologies I am not unwilling just wanted some general ideas about how others court experiences had gone.0
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The starting point is a 50% split of the total marital assets. Depending on the size of pensions/assets then 60% of the property could be a good deal or it could be a terrible deal. Some peoples pension pots are worth more than their house.
Ultimately you can't force him to accept any deal, although a court can. As it appears on the surface he can no longer work he's arguably got more to lose by dragging this out and it's possible the judge will look unfavourably on him if he's seen as being unreasonable in the process.
Ideally you'd find out what he wants. If him nor his solicitor are willing to respond it seems like you've little option but to take it to court.
Given the length of the marriage and the circumstances I'd imagine close to a 50/50 split would be likely.0 -
Every judge will give a different outcome regards the financial settlement it’s a lottery.
At first I was dreading court but in the end felt it was the best way as it always felt like my ex and solicitor were just playing games to delay things. She then settled literally just before court after getting it postponed twice.
One thing I will say is than since it’s been settled I feel really good and can sleep at night, it was ruining my life and causing a lot of anxiety, I think only ppl who have gone through a bitter divorce with children involved will understand the pressure it puts on you.0 -
I read the whole story and understands nothing. Is I am a guy with a poor mind?0
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