Hello,
I have been seperated from my (technical) husband for 2 years now. Due to many reasons but the new laws allow no fault divorce, so that is how the process was started.
Since seperation, post seperation abuse was very high level and i obtained a non mol 6 months after seperation (Wait for it....... this is for context).
1 year after seperation, i met my current partner. He does not live with me and is enlisted. His barracks are too far for commute and it would create issues for divorce process, which is already being used for control and financial abuse by husband.
husband has no legal representation after his initial representation (seemingly) dropped him. Likely due to recognition of not acting in his own best interest and recognition of fraud/hiding assets on his part. So I foot the hefty bill and costly duties. I digress.
We are due to go to a final FDR hearing in a few months, and have just had a failed negotiation FDR, as husband is evasive with information and engagement is poor. So judge agreed to skip a rearranged negotiation and head straight to final hearing.
In the failed negotiation hearing, it was established that no
child maintenance, spousal maintaintenance or income/living costs would be taken into account, and we would focus purely on asset (property both residential and rental) split. Income is only a factor due to mortgage raising capacity, for the purpose of removing parties from any joint title.
Points to be clarified have been set out, and focus on asset split and
Clean Break have been agreed.
Now for the bombshell.
I have recently found out that i am pregnant (2 months). Obviously not by husband (hence the context of the non mol as it cannot be his due to not being allowed to be near me or my home or the children for over a year), and before scathing remarks are made, please focus on technical comments rather than digs from personal opinion.
I do not want this taken into account. I do not wish to make my husband aware due to safety concerns, and i am happy to fulfill my own need/pay for current children without CMS (this would also trigger him and raise safety concerns), just simply split and run. 50/50 (well 60/40 but only down to him hiding assets and inflating my legal costs due to his behaviour. That's a tale for a different day).
My partner has no assets, his income is minimal due to service pay, and seeing as we don't cohabit i don't see us having a relationship being an issue. Infidelity in this instance wouldn't seem to be an issue either, due to new laws for no fault divorce and divorce not caused by (at least my) infidelity issues. But would the pregnancy be?
My instinct is to try and hide it (mostly down to safety concerns. We go to criminal court soon for some violent behaviour charges from husband to myself), but I have been fully honest the whole time, to not advise my solicitor feels misleading to them at the least.
I know the impacts for my safety once husband hears news. Hopefully he gets custodial (doubtful) or I can just hide it (also doubtful), but in his mind i am a possession he hates, but that is for me to continue to safeguard against.
if it has been agreed that this is not an income/need/maintaintenance case, would the court being aware shift the asset seperation? I've already taken enough financial damage from him, i just want the children to have the stability i have worked so hard for for the last 20 yrs. For him also, but there is enough to both walk away and have that.
safety aspect aside, what impact could this have for the final hearin if the court/my solicitor was to be aware of this?
My partner has no interest in gaining from the assets that I come with, but once he finishes his service (in around a year) we will share a home moving forward.
Look forward to your (hopefully technical) feedback.
