After a year of position statements, court bundles and Cafcass my partner has finally, in September 2022 got 40/60 shared care of his children with the mother being listed as the primary carer.
She has been truly horrific with lie after lie but thankfully this was all disproven and my partner is having his children (aged 10 and 12) pretty much week on week off.
He pays her a small amount of child maintenance due to the fact he's had to retire. He's had to retire early and is now receiving a pension as he couldn't work and look after the children. His job was not that flexible.
Now the 2nd round begins. Schedule 1.
So, firstly my partner and his ex were never married.
My partner has 3 properties.
One of which is his primary residence where the children stay when with him and the other 2 are mortgaged and tenanted.
There is capital gains tax on both properties to pay if sold and one has that has fallen to 61 years which needs sorting out.
She is not on any of the deeds or the mortgages.
All 3 properties were bought at least 15/20 years before they met.
She has never contributed to any bill.
Her name is not on any bills etc.
She had never contributed to any maintenance or improvements made.
She has been placed in temporary housing by the council and is on the waiting list for something permanent.
She works part time and receives benefits.
We are have attempted mediation twice.
He has made 2 large lump sum offers to help assist her in housing the children.
She has refused this.
She wants an owned home (the one he lives in) or £400k plus costs to house the children. His 2 other properties are about 80 miles away so no, he cannot occupy them, plus, he'd have to try and get his tenants out)
She is confident she will get this through going to court under Schedule 1.
She is also saying that he will have to pay her legal fees.
When he went to court the 1st time for the Childs arrangement order with all that was involved it cost him £30k. The thought of having to go through this again with all the possible expenses is causing him great stress and anxiety as to what could happen.
Any advice would be appreciated.
Really im asking for help from anyone who has been this.
From the filing of papers how long does it take to go to court?
Do you have to give a years financial disclosure or is it 6months?
Did you have to pay your exs fees?
How was the outcome of your schedule 1?
I've tried looking at previous outcomes and have had no luck.
Are the judges reasonable?
To they take into consideration what he has offered her and the fact that to try and sell his properties would have big financial implications.
Can someone please help.
Hi,
Have not been through this, but presently unmarried couples do not have same rights as married couples in terms of assets/property.
Quick search on law site:
Unmarried couples in England and Wales have no legal rights if they separate. Without a living together contract, one of them could be left with nothing.
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I think his ex has received incorrect legal advice, or just trying to deceive/intimidate him so he gives away assets/property
@bill337 hiya, thanks for getting back to me but unfortunately they do.
Under the Children's Act 1989, Schedule 1 she can apply to the courts for financial support. I.e a lump sum payment or even the transference of his property to house the children until they are 18.
This law focuses on the childrens needs and not the adults. She is making a claim on their behalf, not for her own.
Pls have a read, actual case that happened re schedule 1:
@bill337 thank you 🙂 the father sounds ridiculously wealthy. What happened there would bankrupt my partner. He is not in that league at all.
I need a more realistic answer/idea of expectations. soneone on here must have personally been through Schedule 1.
Ive reposted this in the legal eagle forum as well.
Sorry you've had a long battle and it looks as though there's another one to come. There are some guides on the advicenow.org.uk website about financial arrangements on separation which may give an insight on what can be expected. Yes, the court will want to make sure the children have a roof over their heads. I expect the ex would be entitled to legal aid
@champagne thanks for the link, i'll have a look. Not all family law court cases are entitled to legal aid, especially if domestic abuse is not involved. Hence why she is going on about a costs order which could mean him paying her fees.