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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Iam at the point of filling in form e within divorce, i was

Customer Question

iam at the point of filling in form e within divorce, i was told becouse my marriage was only 15 montha long and that the child lives withme i can ask the judge to seperate with what we had before is this true ?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-Did you cohabit immediately prior to the marriage, if so how long?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?,

Customer: replied 1 year ago.
im 53 she is 32, she lived in my house from dec 2011 to may 2013, we have 1 son born 17/11/2006 hes always lived with me. she now lives with her new partner and has a baby born 7/3/2016. the only asset is my house which i own solely and purchased before i met her. she is on maternity leave but prior to that she earned around 14 k ive been of following an operation but expect my iincome to be around 35 k next year
Customer: replied 1 year ago.
nathan resides with me as he always has he see,s his mum for 16 hours a week but never stays, she has a volatile relationship with her new partner and due to domestic violence at her home she can only see nathan at her mums house. she has a penal notice attached to her contact order
Expert:  Harris replied 1 year ago.

What is the value of the home and the outstanding mortgage?

Customer: replied 1 year ago.
the house aproximately £230,000 the balance of the mortgage is £120,000
Expert:  Harris replied 1 year ago.

Thanks for confirming. Despite the short marriage, if the home was used as the matrimonial home she would be entitled to seek a share of the property as it would now be considered a matrimonial asset despite it being acquired prior to the marriage. However, as the child resides with you there would be grounds to prevent any immediate sale of the property so that you can meet your son's accommodation needs until he reaches a certain age.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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Customer: replied 1 year ago.
the e form is being filed tomorrow when and what is the next stage
Expert:  Harris replied 1 year ago.

Just to make sure - a Form A has been issued and a hearing has been listed?

Customer: replied 1 year ago.
submission of form e tomorrow,
Expert:  Harris replied 1 year ago.

Thanks. You will need to file the Form E with the court and agree with her to exchange it simultaneously. After this you will need to consider her Form E and provide her a questionnaire of any further information and documents not disclosed and which are relevant and required.

Customer: replied 1 year ago.
thanks harris i understood we had to exchange by the 15th however i havent heard from her solicitor
Expert:  Harris replied 1 year ago.

You should chase them and should be agreeing a date if they cannot do 15 September

Customer: replied 1 year ago.
thanks harris
Customer: replied 1 year ago.
do i send my questionaire and chronological to them as well as the court ?
Expert:  Harris replied 1 year ago.

Yes