Ex took voluntary redundancy- financial hearing in a few weeks

Hi, I have our first financial hearing in a few weeks time, finally completed form E and the future needs which has been hard!

a quick summary is I left my ex at the end of 2022, it was very horrible, lots of emotional manipulation and I hate to say it, C&C behaviour though never physical. I couldn't let what our relationship had evolved into be a lesson to our kids about what a relationship should look like.

I left the family home and moved to a flat close to the kids school and he said if I left I couldn't take as much as a plate. So just my clothes and a thoroughly miserable first few weeks later I luckily got some charity support and started to build my temporary home.

after a few weeks my eldest child came to live with me and said they were cross that I hadn't done it before now. My youngest however, has chosen to stay in the family home but the ex has really done a number. I'm no longer welcome in the house which makes it really hard to spend any time with my youngest as it's 20 miles away and it's either go to a pub, park or sit in the car when all of like to do is "normal" just sit and chill, help with homework, normal home life things. The ex has then started letting my youngest do all the things they wanted to do that he'd previously said no to; horse riding, swimming, sports, all conveniently on the days when we were supposed to be together. What was originally agreed as 50/50 care has now morphed into them staying with me once every 2-3 weeks and only typically one night. Ex has moved their school to be closer to him and further from me, youngest needed emergency surgery and he didn't even let me know, he lost his driving licence after drink driving and crashing/ rolling the car, then took a voluntary redundancy. There any many, many other things that I won't draw this out with but he feels like a complete stranger, and not a pleasant one.

He hasn't contributed a penny over the past 20 months, not even to his child and after being on a salary that was nearly three times mine is now working self employed and I have no doubt will be declaring the bare minimum.

do you think the judge will look at his previous earning capacity rather than current?

the family home is mortgage free, and there is enough within the house to sell and us both be able to buy (or at least small mortgage) a smaller property each that we could both house the children in.

he has some big pensions and mine come to a couple of hundred pounds a year. I spent nearly 7 years at home raising the kids whilst he was earning a six figure salary.

I have no idea what to expect at the financial hearing or how much longer this will go on for? His solicitor has just advised that they are no longer instructed by my ex and he has appointed a new one. Not sure why, but sure it's not going to be positive.

anyone have any pointers, advice, experience that might ease my fears?

feel so helpless.

The court is likely to make its decision based on his earning capacity but what that then means in terms of settlement really depends on the assets available. If there is enough for you both to buy then it sounds like a simple 50/50 split and Clean Break so his earnings probably aren't as relevant as they would be in a very tight needs based case.