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JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 14294
Experience:  Senior Associate Solicitor
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At what age is children no longer considered in the divorce

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At what age is children no longer considered in the divorce process?
In terms of selling the matrimonial home , how much in percentage could I be entitled to considering that the marriage is under 2 years and we both have a newborn baby together?
Can my husband be asked to move out before the divorce is finalised as he is reluctant to move out until the house is sold .

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

If you have children, the court will want to ensure the children have a place to live - this is valid until they reach the age of 18 usually. The length of marriage is relevant - as is the period of time you lived together before you married. But you also have a newborn so the court will likely let you stay in the house until your youngest reaches the age of 18. Or if you wanted to buy your own place, you could agree a split of the house sufficient to let you buy another place. Your husband has a right to live in the house - until divorce is finalised - but if there is domestic abuse (physical, mental, combination of both etc) then you can apply for a non molestation order and an occupation order - if granted the court will order he moves out.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,


Have a good evening

Customer: replied 1 year ago.
Thanks for your reply
Please I would like to know how much in percentage I could be entitled to , considering the fact that we have a new born baby together, and is solely his?

The court's starting point is 50/50 but it can adjust it depending on the circumstances - your priority to have a house so you can go for 100% (especially if he works and you don't). Of, if there is a split of less than 100%, you can ask to stay in the property until your baby reaches 18 - then the property is sold and the sale proceeds split.

Customer: replied 1 year ago.
I decide to stay in the property until my baby reaches 18, will my husband be liable for paying the bills as If I am unemployed?

It'd be a situation where you can ask for spousal maintenance, so he pays you a monthly sum to cover your bills and any other outgoings to allow you to live off

Customer: replied 1 year ago.
Thanks for your reply
Would it be profitable for me to wait till my year 16 year old step son is 18 before I divorce my husband as the son will be factor in the divorce process in relation to where he is going to live after the divorce.
How long does a typical divorce process take considering that there are children and property involved?

It depends how much can be agreed really, not whether there are children and property involved. You could apply for a judicial separation instead of a divorce and ask for a financial order to deal with maintenance and the property - or if you want to divorce him then you can do so. Some people don't end up divorcing - but if there are assets then it makes sense to deal with them now.

If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks, ***** ***** nice evening

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