Help! What outcome could I expect at court??
I met my wife in 2000 and we moved in together in 2003. She was diagnosed with Multiple Sclerosis shortly after. We married in 2006 and had 2 kids. Her condition deteriorated and due to various external reasons our relationship drifted apart. Her illness was probably the only reason we stayed together as long as we did. After years of a loveless marriage we split in 2016 and filed for divorce shortly after. Our children stayed with us on a 50/50 basis and I continued to pay the mortgage on the former matrimonial home. Her health unfortunately deteriorated and she moved in with her parents.
For the last 18 months our children have lived with me full time and will continue to do so until they are adults. The children live with me and my new partner in the house that she solely owns. My ex wife provides no financial support.
The former matrimonial home was sold and we have around 35k equity waiting to be split. I have been trying to obtain a clean break and subsequent decree absolute for almost 2 years but heard nothing back until recently - the day of my mediation consultation.
My wife’s starting financial offer was for 100% of the equity in the house, and £600 pm spousal maintenance, we both have pensions and she has stated that she is happy to leave these alone. She has provided no supporting evidence as to why she needs the equity or spousal maintenance money other than vaguely saying it’s for future financial security. Her housing needs are currently being met and she has not experienced a drop in her lifestyle as a result of the split.
I currently earn approx £2k a month so not a great deal whilst she receives approx £1200 pm benefits and lives rent free with her parents.
I have engaged in mediation but my wife refused so I have instructed my solicitor to start court proceedings as we are getting nowhere fast. I have since made a counter financial offer suggesting no spousal maintenance as it is not required and the equity in the house is split 50/50. Despite me thinking this is more than reasonable this has been rejected. I am concerned that any subsequent court costs will swallow up the equity in the house and we will both end up with nothing however this is now in their hands.
I think what I would really like to know is what would a likely outcome be at court??? What would be awarded and to who? I feel that as I the one caring and providing financially for the children the court would look financially in my favour. I know it’s a minefield and can vary on a day to day basis but what are people’s thoughts?