I've just recieved a letter from my x asking for 50% of the FMH or failing that, they will file for Clean Break Order.I've been married for 22years ( even though he spent most of them overseas) and have 5 kids ( 22, 21, almost 18, 9 and 2) all living and supported by me. Older two girls in uni and depending on me for finance( one 4th year Med and the other 2nd year LLB), its expensive!
He has a house in his sole name here and an estate overseas( which he has not declared).FMH is in joint names and is mortgage free.I work full time for local gov and he works for some indian resturant as a chef. His employer has downsided his salary and he is claiming poverty.
He is also denying being the father of my last child to get out of maintenance and to ruin my character in the family.He has never paid for anything ( including FMH ).Has anyone been through similar situation, any advice would be welcomed and appreciated.
I applied for Divorce on unreasonable Behaviour (domestic violence) and am still awaitng for DN to be issued.
If you have a young child living with you it is a virtual certainty that you would have the right to live there until your youngest reaches 18. After that there could be an order for sale and division of the proceeds, but if he has secure accommodation it might - just possibly - be a case for what is known as a Martin order, which means you can live there indefinitely. I agree, there ain't no way he'll get 50%.
And he'll have a long wait for what he does get.
I doubt very much whether he would get a Clean Break. Courts are very reluctant to make such an order where there are young children.
He can't get a Clean Break from his duty to maintain his kids. The point is that the childrens' needs are far more important than his needs for cash.