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Category: Family Law
Satisfied Customers: 910
Experience:  Expert
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I want a divorce but am worried about financial loss, Yes,

Customer Question

I want a divorce but am worried about financial loss
JA: Were any of the assets acquired before the marriage? Or given through an inheritance?
Customer: Yes
JA: Where are you located? Divorce laws vary by location.
Customer: Doncaster
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 14 days ago.
Good afternoon and thank you for your question. I'm a solicitor specialising in family law and dispute resolution so I'd be happy to offer some guidance.I'll need a little more information to fully answer your question. First and foremost, how long were you married? Do you have any dependent children? What assets do you have together (property, pensions, savings, etc.)?Thanks, J
Expert:  JeremyT1020 replied 8 days ago.

Good morning.  I note I have heard nothing further from you so I can only provide you with some general guidance on this matter.

The starting point for any financial division following a divorce is a 50:50 split of the matrimonial assets.  There are a number of factors which will likely alter that split including dependent children (and ensuring a roof over their heads), the length of the marriage, respective ages, health, income differentials, pension provision, living standards, needs and fairness.

If you have been married a long time and there are no dependent children, you will almost certainly be looking at a 50:50 division of the assets.  If, however, there are young children, the prime carer and the children will need a roof over their heads.  This may mean either selling the matrimonial home and the prime carer taking a larger share of the equity to rehouse themselves (depending on their income/mortgage capacity) or remaining in the matrimonial home until the children get to a certain age.

There may also be claims for spousal maintenance.  If one party cannot meet their reasonable outgoings from their income but the other spouse has surplus income after their reasonable outgoings, their may be a need for maintenance.

This guidance is very general.  I am happy to answer further questions, however, I would certainly need you to respond to my original requests for information.  Otherwise, thank you for your question and for using Just Answer.

Best wishes, J