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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5929
Experience:  Dual qualified Solicitor and Attorney
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I'm living in the UK and am originally from Australia. My

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Hi, i'm living in the UK and am originally from Australia. My wife and i have mutually decided to separate and i require advise on how to divide our assets. We own a house in Australia. Should i engage legal assistance in the UK or Australia ? Thank-you
JA: Where are you? It matters because laws vary by location.
Customer: I'm living in the UK for the past 2 years. My wife has a British passport but i do not.
JA: What steps have you taken so far?
Customer: We have only verbally agreed to separate
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have two children who are both in schools in the UK. We have agreed to 50:50 care for the kids and the intention is to extend our VISA's in July 2020 and then apply for citizenship in the UK.
Hi thank you for your message, what visa’s are you currently on?
Customer: replied 7 months ago.
I am currently on a Spouse/Partner. Work Permitted Visa
Customer: replied 7 months ago.
My two children who are 7 and 4yrs are also on D-To ACC FAther/CYR standard visas.
Hi thank you for your message, I asked because as you are on a spouse visa if you seperate then your spouse visa will not be valid so you will need a different visa. Is your wife in the UK?
Apologies she must be in the uk if you are on a spouse visa given that you would be best served bringing the divorce proceedings in the uk. You can divide your global assets in one set of proceedings. You can initiate the proceedings online. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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Customer: replied 7 months ago.
OK, so if myself and the children have to apply for an extension under a different VISA do you know which one we should be applying for? If we don't agree on a 50:50 divide of assets what steps do i need to take to proceed forward? Thank-you
Customer: replied 7 months ago.
Can you direct me on what our legal rights are for entitlement ?
Hi thank you for your message, well if your wife stays in the UK then the children could stay as dependents of your wife. In terms of yourself, you would need to look at a work visa if you are working.
In terms of the division of assets, the starting position is 50/50 and generally the court needs strong grounds to deviate from that but if you do not agree on that then you can go to mediation where a third party helps you to try to reach agreement or court where a judge decides. You should try mediation first and would be expected to have done so. In order to find a mediator you can use this link on the Family Mediation Council website here: https://www.familymediationcouncil.org.uk/find-local-mediator/
You’ll normally have to pay about £30 for an MIAM, although sometimes this first meeting is free. Follow-up sessions usually cost you and your ex about £80 each - most people need to go to 3 or 4.
The cost of mediation varies depending on where you live. Phone around to find the best price, but bear in mind the cheapest might not be the best.
If the MIAM does not work and you not able to agree to mediation you will need to go to court.