Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-How long have you been married?-What are the proposed arrangements for your son?
-How many bedrooms is the property?
-What is the value of the property and what outstanding mortgage is there?-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes - are you in receipt of any benefits?-Who is now living in the property?
Thank you. Firstly as you are no longer working you may be entitled to benefits such as child tax credit, jobseekers allowance etc, which you should look into.
If you do remain as main carer, the court's priority is for your son to be appropriately housed, and the first consideration is the matrimonial home. However, your husband will have good argument that the home is above your needs as it is a three bedroom property whereas you and your son will only need a two bedroom. He may therefore pursue a sale of the home. If he does then you can argue that, due to your limited earning and mortgage capacity, the split of equity should be more in your favour in order to afford a new property.
Initially both the finances and children matter should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both 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.
In relation to the children matter, if your husband attempts to change the current arrangements or if mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order (for residence) and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Definitely not. Even though the house is in his name, you have matrimonial home rights which means you have a right to occupy the property until divorce and that it will form part of any application you make for financial relief. I would highly suggest you register this interest with the Land Registry using Form HR1. This will place a notice on the title of the property indicating your rights and will prevent or delay any potential sale of the property. Do be aware that he will be served with this application and registration of home rights.
Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris
No worries at all, glad to have been able to help
As a director he cannot make decision regarding the company, as you have authority.
Despite his refusal to mediate, I would suggest you attend a MIAM session - this is an initial session that explains mediation to you and the mediator will attempt to contact your husband to arrange a joint appointment - if he refuses again then you will have satisfied the court requirement to attempt mediation.