What if Final Hearing leaves H homeless?

Dear friends

What are H options in the following scenario

H assets £15k
W assets £100k
H and W joint account: £250k
One child shared custody
Both H and W are c.50 years old and not working
Both H and W rent

Assuming a Final Order is for W to get full ownership of the £250k joint account and both H and W to keep their existing assets (£30k and £200k respectively). This ruling although appearing grossly unfair to H is a result of a number of factors that go against H in the Final Hearing (including H having no money to employ adequate legal counsel, W deemed to be the weaker party, H deemed by the judge to have future earning potential etc)

H has evidence to show that complying with the above Final Order would leave him (and the child while in his care) homeless after a few months, unless he goes on benefits or is able to find work. Besides the appeals process (which is based purely on technical errors), what are H options if he is unable to find work?

In a nutshell what are the options for H in the event of a grossly adverse ruling that if complied with would leave him homeless in the short-term? What do folks actually do in such situations?

A final order should address the needs of both parties and prioritise the housing needs of minor children.
There are other factors to consider as set out in s25 of the 1973 Matrimonial Causes Act. These include earning potential and length of marriage. How long is the marriage?
What age is the child?
What sum would you each need to buy a suitable 2 bed property?
Why are you not working? Are there disabilities to consider?
Are there pensions to factor in to settlement? These would normally be treated separately; you cannot live in a pension. There may be an argument for offsetting capital against pension but the usual approach is an equal pension share, especially if there isn't a departure from equality on capital of more than 70:30.
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Is this an actual order that has been made? If you have had FDR and are heading into a final hearing, you need to think carefully about what the judge at FDR had to say about a fair settlement. In my view it is worth investing in at least a fixed price legal financial consultation to be clear about your legal position and inform any open offer you make. They are available via this site.

Hadenoughnow

Thank you hadenoughnow for taking the time to read my long emails.

No final order yet, but FDR judge ruled all of the £250k joint account goes to W. This was a combination of W being seen as more credible regarding her needs and being able to calmly present better evidence (while H case has been a mess of his own making). Have been advised by my old solicitors that I should unfortunately expect the Final Hearing result to be similar.

What are my practical options in the event of facing a "live on the parkbench" Final Order?

Long marriage; one child well below adulthood; £450k cost of a two bedroom; W to buy, H to continue renting. H pension value disputed with both parties presenting conflicting evidence and judge sided with W's high value; no pension sharing so all pensions remained on H's balance sheet; W seen as far more believable and weaker; H not been able to find a job for a number of years; H has serious health issues but not disabled; judge deemed he could be cured and return to work. Wealthy aunt on H side of the family has helped H's family financially in the past, a fact that did not go unnoticed by the judge and successfully played up by W, despite H stating that he will receive nothing in the future.

You will have to provide clear written evidence to support your case if you go to a final hearing. Have you had an actuary's report on the pension?
Is there a medical report/fitness to work assessment?
Where did the £250k come from?
If you are to retain all of your pension and offset it against capital that may be fair. If you are to share the capital, the pension too should be shared. The question would be whether you could each buy property with the cash plus whatever mortgage you could reasonably obtain.
Your s25 statement is an opportunity to set out your needs concisely. The judge at Final Hearing will be new to the case but judgement will be based on an assessment of means and needs.

Hadenoughnow

I absolutely agree that evidence is key. Sadly in my case despite binders of evidence, it is difficult to "prove a negative" and could never prove that I wouldn't receive a hypothetical sum of money in the future from my wealthy aunt, or that I will never be able to return to work. The FDR judge therefore assumed that my housing shortfall could be made-up from supposed family support and that the wife being the weaker party needed most of all current funds.

The "balance of probability" worked against me and I was left with an order that if complied with, would render me homeless. What is my recourse?

No actuary report on pensions due to small size (£50k) and they are defined contribution, so transfer value is known each month. Judge simply remained silent on this, as he did for chattels.

Yes, there is a expert medical report included in the evidence bundle. Not sure if the judge even read it. Wife has not disputed my medical condition. My ability to work was still seen by the judge as a grey area, "he might be able to return if his condition improves", so was neither here nor there as far as impacting the financial settlement.

The £250k came from husband's savings from pre-marital employment which accumulated through the years (although long marriage, so all assets included in the pot).

Yes, at a stretch we could each buy a 2 bedroom flat (but obviously would need at least one of us to downsize, possibly both would need to relocate to a cheaper area and would leave little to pay ongoing bills, but theoretically yes)

Oops hit send twice

The binders of evidence may be part of the problem. Judges just don't have the time to read through everything and work out what your case is.
You need to present clear and concise evidence in respect of your case and focus on areas that are in dispute.
This should address means - what you have and where it came from; needs and the costs of meeting them ie examples of suitable properties ideally in the vicinity of schools. Things like mortgage capacity reports are also relevant. If you wish to advance a case in respect of employment and health, you would need a current assessment and medical report. You do not mention the nature of the health issue but consider whether there are some types of employment that could work for you.
It would be unusual for one party to be awarded close to 100% of the assets in perpetuity. I would imagine that it would be more likely done on a deferred charge basis if a property was purchased with the money. That way your share would grow with the property market.
You say you cannot afford legal representation. I would strongly recommend that you consider talking to a good direct access barrister and/or perhaps investing in some help to prepare your case. It may be worth having a chat with our free support line to see what could be done.

Hadenoughnow