Thank you for confirming. Firstly, as they have only been married for 11 months they cannot pursue a divorce. The minimum time must be 12 months of marriage before pursuing a divorce.
Secondly, there is no automatic obligation for him to meet the mortgage payments and allow her to remain in the property however, given she is to be the main carer for the children there must be a reasonable provision for the children's housing needs to be met and the first option would be his property. If she is unable to afford the outgoings on the property she can seek payment of maintenance from him, but if he is unable to provide this and also meet his needs, then there has to be consideration for the property to be sold and division of assets between them.
They will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of their reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both the children's needs are met, as well as their needs assets and income. The criteria considered is:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. 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;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
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