The issues raised here are far from uncommon. If the issues are tackled early and sensibly, these problems are usually resolved without the need for Court intervention. You should take legal advice from an experienced Family Lawyer at an early stage.
Your husband has an obligation to make reasonable financial provision to you.
The immediate steps you should take are twofold. Firstly, you need to try to talk to your husband to determine what he is prepared to keep paying into the joint account. Secondly you need to contact the Benefits Agency to see what extra income you could get by way of Tax Credits or other benefits and contact the Council to obtain a Council Tax discount.
If your husband refuses to provide sufficient financial support, you may need to make application to the Child Maintenance Service for an assessment of your husband’s child maintenance responsibilities and make an application to the Family Court for emergency maintenance to cover your day to day living expenses and, if possible, to include an amount to cover your ongoing legal fees. As the primary carer of the children, the Court will want to ensure that you are as financially protected as possible.
If you are aware of your husband taking such steps or have genuine and reasonable fears, an emergency application can be made to the Court to stop your husband dealing with some or all of his assets until the finances have been resolved by agreement or Court Order.
You can get immediate protection from the Court who may be prepared to make an order freezing some or all of your husband’s assets without him being notified of your application or being present at the first Court Hearing. The Court has power to make such an order even if you do not have an interest in the asset or where the asset is situated abroad.
A Court has the power to set aside the disposal of an asset if the Court is satisfied that the transfer has been made in an attempt to defeat your rightful claims. The Court can order a third party to repay or transfer assets back.
No he cannot kick you out. You have rights of occupation and a right not to be evicted from your home.
Application can be made to the Land Registry that will not only protect your occupation but also prevent your husband from disposing of the property. The effect of such an entry on the Title can also prevent your husband from borrowing against the property and thereby reducing the equity in it.
The majority of parents are able to manage their children’s care post separation without the need for a Court Order. If you have difficulties in agreeing arrangements, we would strongly recommend a referral to Mediation. There is no need for Court Orders and Court proceedings should only be issued as a last resort as they tend to be divisive, expensive, and more importantly very upsetting for the children.
