Thank you for your question
My name is Clare
I shall do my best to help you but I need some some further information first.
What capital assets are there and where are his bank accounts situated/
Does he have any income in the Uk?
Could his business cope if he had to close the Hong Kong bank accounts?
My major concern is how you would enforce an Order.
Does your ex have any need to come to the Uk or could he stay away indefinitely?
That is something then.
Are you willing to go straight for a divorce?
Is he likely to stop paying the mortgage
I am asking these to try and help you plan away forward that minimises the financial risk to you!
The best way forward is an immediate Divorce petition as that give you the widest spectrum of financial options
I have little doubt that within any final settlement you will receive all of the equity in the house as it is the only asset that the Court has immediate control over
You can certainly apply for Maintenance Pending Suit - and also Child Maintenance - you cannot use the CMS as he works abroad
The principal problems with be obtaining disclosure from him and enforcing the maintenance Orders
However to an extent I suggest that the fact that he will be defiant to the court will assist you with regard to the settlement and the court will simply assume he has more assets that you think and award you the house outright because of his intransigence.
Enforcing the maintenance Orders can be dealt with via his Hong Kong accounts- if he does not close them - and ultimately by the threat aOrders through the use of the threat of imprisonment when he comes to the UK
I appreciate that this is not an ideal solution but given the fact that his assets are abroad sadly there is no way around it.
The starting point is the divorce - and you have ample grounds to divorce him based on his Unreasonable Behaviour.
You can start the process using the details here
Please ask if you need further details
Yes you certainly can include a claim for costs within your divorce petition.
There is no question of a sale of the house being forced upon you - I would expect the house to be given to you which will mean that you will be able to decide if there is a
sale and when.
With regard to maintenance all his income will be looked at - including the dividends he takes from his company.
The child maintenance is 12% of his gross income.
Spouse maintenance is needs based - and if I were you I would be seeking a sum equivalent to the mortgage - however this can only ever be a very rough guide.