Thank you for confirming. Firstly, if this matter went to court, the court's priority will be for the children's needs to be met and if they are being met in the current property, then the court will consider this the first option to house them. This will therefore mean that the main carer (you) should remain in the property. Given that you will be in receipt of PIP you can also apply for housing benefit to assist with the rent, as well as child benefit and child tax credit.
You will also be able to claim child maintenance (through the child maintenance service) from your husband - the rate will vary from £175 to £392 per week depending on how many nights on average they stay with him a week once he has moved out. Furthermore, if you are still not able to meet your reasonable needs then you can apply for spousal maintenance once divorce petition has been issued - this will cover your reasonable needs which cannot be met from your income and benefits.
Initially this 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.
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.
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