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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8037
Experience:  Barrister at law
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I have seperated recently. My next stage is sort the

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I have seperated recently. My next stage is sort the financials.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Child Mediation Agree in place. We live in seperate house all paid by me. I pay for all bills etc
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Stafford
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a business worth £2m, x2 4 beds houses, pensions and cash

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Can you set out some facts and figures for me?

how long have you been married?

do you own property and when was this purchased?

What is the property worth currently?

is there a mortgage, and how much is outstanding if so?

do either of you have savings/ pensions?

do you have children, and if so how old are they?

who is their main carer (if applicable)?

do you both work and if so do you earn similar amounts?

Also, can you tell me if you have been to mediation on the financials and whether you are in any form of agreement at all about the outcome?

Hello. Without the information I asked for, I can only give you a general answer, but I hope this helps. You can always come back to me for clarification if needed.

In this case I'll give you the general pointers:

1. With property purchased prior to marriage or assets acquired prior to marriage, the starting point is that these are EXCLUDED from the joint asset pot.

2. With property or assets acquired after the date of marriage, the starting point as that this is INCLUDED in the joint asset pot.

3. It does not matter who contributed what during the marriage, all assets acquired after the date of marriage are considered to be jointly owned regardless of who paid what. This means one party will still own half of the asset purchased after the date of marriage even if the other party paid for it all.

4. Claims on pensions should be limited to a share of the amount accrued in the fund during the length of the marriage, with marriages that are relatively short, but with a longer marriage pensions are more often shared.

5. If you both work now, there should not be claim for maintenance. In the case where one spouse earns significantly more than the other maintenance could be an issue.

6. The court can depart from the general principles if it is deemed fair to do so and the needs of the parties dictate that it is necessary to do so.

I hope this assists in setting out the legal framework for you?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

plclegal and other Family Law Specialists are ready to help you
Customer: replied 17 days ago.
Thank you. Your comments are in useful. Have a pleasent day.

My pleasure. Thanks again for your question. Take care.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter