My brother’s wife left him, taking the children with her. He’d used £50,000 he received in compensation for an accident to pay off the mortgage. Will this be taken into account when their finances are dealt with? His solicitor seems to think it’s irrelevant.
The court will be mainly concerned about the welfare of the children, and if they’re with their mother it’s likely that the balance will be tipped in her favour. Unless they’re very young your brother could suggest that the children live with him, since it would appear he’s still in the matrimonial home. Otherwise the court will divide their property according to factors including their needs, incomes, earning potential and so on. If your brother is still incapacitated in some way as a result of his accident this will be taken into account too.