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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8884
Experience:  Dual qualified Solicitor and Attorney
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I would like to chat with a divorce lawyer please, no,

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Hi , I would like to chat with a divorce lawyer please
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no
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: Essex
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I married last year July and currently living with my husband and his 16 year old son from a previous marriage. My husband owns the property and pays the mortgage, I would like to know what I am entitled to hence I'm due to have a baby for him next month.

Hi thank you for your message, 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. 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.

Customer: replied 1 year ago.
thanks for your reply.
My husband acquired the husband years before we got married, I also have some savings which are money that I acquired prior to the marriage and I am currently unemployed.
My question is: will the court regard my husbands house as our matrimonial asset , and can my husband take some of my savings even though it was acquired prior to marriage?
Customer: replied 1 year ago.
acquired the property prior to marriage years before we got married

As you live in the house and it is the family home it will be a matrimonial asset. The savings if they were saved before marriage will not be subject to the division. 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 1 year ago.
Will My husband's 16 year old son be considered in the divorce?

Yes he will be a factor in terms of where he will live and contact.

Customer: replied 1 year ago.
At what age will he no longer be a fact 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 .

18 when they are an adult. In terms of the marital home because it is a marital home and part of the divorce the starting position is a 50/50 split. Yes he can be asked to move out though he does not have to agree to this.