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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18332
Experience:  I have been practising for 30 years.
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My husband and I are seperating. We have a 17 year old son

Customer Question

My husband and I are seperating. We have a 17 year old son with special needs who will always be a dependant. As his main carer, I would like to know if this situation entitles me any benefits from the normal 50/50 split of assets.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I haven't done anything at the moment because I'm not sure where to start!
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: We live in Holmes Chapel, Cheshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My husband wants to buy me out of the house but this will leave me unable to live in a similar environment. He thinks that our son can continue to live with him but as he doesn't have the patience to deal with him and is out much more than me I cannot see this being in Matthew's best interests
Submitted: 13 days ago.
Category: Law
Expert:  F E Smith replied 13 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

how long have you been together and married in total?

what is your preferred outcome if possible as in financial settlement?

Expert:  F E Smith replied 12 days ago.

Let me answer this as far as I am able.

What each party gets out of the relationship depends on a variety of things including the length of the marriage and the relationship altogether, what each party put in at the beginning and during and just as importantly, the needs of the parties after the breakup.

Assuming that the child is acknowledged as being disabled and incapable of independent living, and that you are going to be the carer of the child, then your needs are greater than your husband’s and there is a good argument to put forward in respect of you getting a higher percentage, perhaps 6040 or even 7525.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES