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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 10409
Experience:  Dual qualified Solicitor and Attorney
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Can you call me please, i need advice on marriage dispute,

Customer Question

hi can you call me please, i need advice on marriage dispute
JA: Where do you both live? Marriage rules vary by location.
Customer: hemel hempstead england
JA: Have you given notice of the marriage?
Customer: we are married
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes i need advice on how to proceed for divorce, what happens with property which is shared ownership, what happens to my daughter access after separation after marriage, she is abusive, aggressive, demanding, threating, trying to kick me out of my house and denying my daughter access to me
Submitted: 16 days ago.
Category: Family Law
Expert:  Jeremy Aldermartin replied 16 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Customer: replied 16 days ago.
Hi. did you read about my situation?
Expert:  Jeremy Aldermartin replied 16 days ago.

You can file for divorce in the U.K. as you live here. You can file for divorce based on the irretrievable breakdown of the marriage and 5 facts namely:

1) adultery

2) unreasonable conduct

3) abandonment (requires 2 years separation and one party to have left the other with no contact or support)

4) 2 years separation (if both parties agree to divorce)

5) 5 years separation (if one party disagrees to the divorce)

You can apply online here: https://www.gov.uk/apply-for-divorce

It costs £550 to apply.

In terms of property, Upon separation you will need to determine your matrimonial assets and your non-matrimonial assets, as it could make a difference to your Financial Settlement. Matrimonial assets are financial assets that you and/or your spouse acquire during the course of your marriage. This differs to non-matrimonial assets, which are financial assets acquired either before or after your marriage. However, matrimonial assets typically include things such as the family home, pensions and savings. It doesn’t really matter who put the money forward or who accumulated the wealth. When you’re married, the law in England and Wales considers that any assets you acquire also belong to your husband or wife. Non-matrimonial assets typically include things like inheritance, family businesses and property purchased before the marriage or after separation. Matrimonial and non-matrimonial assets matter when it comes to divorce and separation because you and your ex will need to divide your finances between you. The arrangement that you reach must be fair and reasonable to each person. Matrimonial assets will, by their very nature, be shared out between you and your spouse during divorce. Non-matrimonial assets are a little more complicated. Often you can request that they be excluded from the Financial Settlement. But this request might not always be granted. This might be because the non-matrimonial asset was used somehow in your marriage.

Finally, in relation to the children you would need to come to an arrangement about contact and access but if you cannot reach an agreement you will ask the court to make an order. I trust this assists

Expert:  Jeremy Aldermartin replied 16 days ago.

You can have a call but it does cost extra

Customer: replied 16 days ago.
last night she tried to kick me out of house and i had to call police. police asked me to stay to my family's house as overnight. i am at my syster's house now. what shall i do from here now? she is threating and abusive and agressive
Customer: replied 16 days ago.
she may harm to my daughter
Expert:  Jeremy Aldermartin replied 16 days ago.

You are entitled to go home and despite what the police say you have every right to stay in your own home. Your best option however is to contact the national domestic violence helpline who can help you get two injunctions one called an occupation order which allows you and your daughter to stay in the property without her and a non molestation order meaning she cannot contact you or come near you. They can obtain this for you for free: 0808 2000 247

I trust this assists