Hi, this may be a bit of a long and convoluted post so apologies in advance.
THe FDR was 3 weeks ago. My position was that stbx should receive no share of
FMH due to an agreement we made regarding
child maintenance, which was that he would pay reduced Child Maintenance on the understanding that the underpayment would be reimbursed from the sale of the FMH. We have been separated 8 years, married for 25 years before that. We had 2 children under 18 living with me at the time - now both over 18.
Stbx convinced me that he was in financial difficulties and couldn't afford the the full Child Maintenance rate, he convinced me that he would not pursue any claim in the FMH and even asked me to remove his name from the mortgage at one point (I couldn't do this because my income is too low, the bank would not agree). He also left me with joint debts that i paid.
Judge said that he should pay 50% of the debts and that if what I said was true that this would be relevant as it would be regarded as financial misconduct. Judge ordered us to put in statements explaining the agreement and why this had been agreed. Stbx confirms the arrangement but disputes the amount agreed. Stating that we agreed a fixed amount at less than half of the Child Maintenance Calculator amount. I didn't agree to this and have written a statement which I must submit tomorrow. Total amount of underpayment using Child Maintenance Calculator is more than 50% of the equity in FMH.
Question - would my statement carry more weight if it was a sworn statement (Affidavit)?
Also I am now disabled and have been dismissed from work on ill health grounds (notice period ends 30th August) the judge at the FDR didn't seem very interested in this fact and that my income would massively reduce - stbx already earning 2.5 times my salary anyway ( i didn't realise until
mediation that he had such a large salary as he had claimed he was struggling financially), so huge disparity in income. It was inferred that the fact that I'm now co-habiting meant that this wouldn't be taken into consideration (my partner is also disabled and has reduced capacity for work)
Is this correct?
I had previously been told by my solicitor (when I had one) and the mediator that this would not impact the settlement!
Judge also said that it was unlikely that stbx would get nothing at all.
Does anyone know if this has ever happened?
Stbx is offering 65-35 split in my favour.
Also not taken into consideration was that he paid nothing towards the mortgage, house maintenance or repairs, anyone had a different experience?
Last question - I'm considering getting a barrister for final hearing, any tips on how to go about this?
Sorry for lots of questions....