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what will the outcome be? help needed pleasex

  • julieb69
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25 Jan 08 #11878 by julieb69
Topic started by julieb69
have the final financials on 7th april.

been married 16.5 years known him 23 years am 38 4 kids. 15,14,11,9

he ran off to an older woman living in her council flat on oct 2nd 07.

we have 4/5 bed house mortgage free. he took both cars worth 17 grand and left me and kids car less.

he is not seeing kids and has been off sick with stress since he left. (well he saw them for half hour since 29th oct with the new woman)

i started divorce proceeding straight away and injunctio to stop him selling cars and returning to house.

i am working 16 hours dealing with kids and their emotions on my own.

he has spent over 3 grand on jewellery on his credit card since he left and is giving me 66 pounds a week for 4 kids.
he turned up in court in a burberry jacket with the collar flicked up dripping in jewellery like a chav with his orange tart in tow. (7 years older than him)

he did not give his pension details on the form E and has been requested to provide them and also details of a large trust fund he will be getting from his aunt.
he wants us to move into a 3 bed house (ours is worth 300 grand) and he wants to buy a 300 grand house with his new woman.

my eldest is receiving counselling and has threatened to take an overdose te school think it would be very unwise to move on top of everything else as her gcse's are in june.

how do you think it will be decided by judge any ideas. i dont want to move house.

any help or advice appreciated thanks

  • mike62
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25 Jan 08 #11880 by mike62
Reply from mike62
First thing is Julieb, don't panic!

You have four dependent children at home and the housing needs of your children and yourself are paramount in deciding any financial outcome.

You have had a long marriage and as such the starting point for the division of assets would be 50:50.

The fact that you only work part time and are on a low income and are the primary career for the children would slew the split of assets in your favour, and may raise the case for spousal maintenance for yourself.

You need to post a little more information for someone to give you a good idea of what a 'reasonable' settlement may be.

If there is sufficient in the 'marital asset pot' to allow for both you and your STBX's housing needs, without the need to sell the martial home, then it does not need to be sold.

If you post up some info about both of your incomes, pensions, significant assets (over £500), significant liabilities (loans, debts etc). You also mentioned a trust - how significant is it?

The judge needs to take account of the fact that the stbx is co-habiting, so has a reduced housing need.

It is a big melting pot, but I don't think you should worry too much. The law is very much on your side.


Best of luck

Mike

  • Josh2008
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25 Jan 08 #11881 by Josh2008
Reply from Josh2008
Stay put- home rights

Is your name on the property deeds?

Check to make sure the property is registered with the land registry, if registered make sure you have a charge against the property under the home rights laws

By ensuring this the property cannot be sold without your consent and in any case by staying put you can make it extremely difficult to sell

It is difficult to tell exactly what a judge will deem fair, the starting point for you is 50/50 and rising in your favour because of the children

Don't even consider moving out, no matter what he says, try and get proper legal advice, you may be entitled to legal assistance depending on your financial situation

A free first 1/2 hour with a solicitor will settle your mind, but have some figures ready of all the assets, not just the home, including this 'inheritance'

  • 80SGIRLWOKEUP
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25 Jan 08 #11887 by 80SGIRLWOKEUP
Reply from 80SGIRLWOKEUP
Hi
i think you should give yorurself a pat on the back!! from your postin it appears you have kept your dignity and r doing ur best 4 ur children. Well done!! your ex is a loser, and quite sad.
In regard to your daughter i would advise you to keep talking and try and speak to her friends, they may be able to tell you how she is really coping.
My Barrister told me do not leave the house unless it is burning down!!
so I would advise you to stay put, at the end of the day your holding it together for the kids.
Good Luck
80s

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