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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 6476
Experience:  Dual qualified Solicitor and Attorney
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I have tried calling the local offices but short staffed etc

Customer Question

Hi i have tried calling the local offices but short staffed etc i separated from my wife over 2 year ago and moved out left her with the rented house and signed it over to her i want to apply for a divorce what if anything do i have to give/share divide with her
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no i literally moved out i left my wages going into our joint account that she was using for the first year at the end of that year i told her i was closing the joint account and paid all fees and stopped my wages she has been supporting herself for over a year now our children are all grown up i.e 31yrs / 28 yrs and 26 yr old she has a job locally i am self employed
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: i am in newbury berkshire do i need solicitors and mediators
JA: Anything else you want the Lawyer to know before I connect you?
Customer: like what?
Submitted: 14 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message, I appreciate this is a difficult situation and therefore I will try and explain the situation to you in a way that is clear and easy to understand. Please note this is not a chat service so responses may not be instantaneous.

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. Therefore you will need to consider your assets in the light of what I have set out and what she might be entitled too and of course her assets and what you might be entitled too. Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
As I am self employed is she entitled to half of my wages/ business profits? I have my hmrc paperwork and ot is just over 20k a year and that equates to an average wage? As I am a sole trader in a garage? But it is a rented property and dont as of yet have a pension! She is employed and does have pension and earns i think about 18k a year
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message, no she would not be entitled to any ongoing maintenance from you. As your income is relatively equal she would not be entitled to payments in that regard. Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 13 days ago.
In regards ***** ***** every marital assets which we accumulated I have left her with at the house. She has had a few holidays each year whilst I was still at work as I couldn't afford to take time out of the business. In the first year of me not being in the martial home we still had a joint account which I was not taking anything out of but my wages were still going in. She managed to spend my yearly wage and were still overdrawn. I notified her as of august 2019 I was going to terminate the joint account pay off the overdraft so I could open an account for myself. The only asset I have is my Peugeot 205 and my Renault master van. She has Renault Megane F1 all the home assets and in the past has had a Alhambra (18k) next was a Renault Megane cc cost 16k and her current Megane which cost 8k whilst on minimum wage as a self employed childminder. Would I need to value my assets van, car and workshop equipment to come into the equation?
Expert:  Jeremy Aldermartin replied 13 days ago.

In the circumstances, I would imagine that there would be no split of the assets, given she has already got a number of things out of the marriage and you would be left with what you have which you need anyway. Therefore, I think just proceed to get the divorce and come to a financial arrangement where you each agree that you are left with whatever you have now after the split.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.