Clean break order

Henrydoodles · 14 September 2017 at 3:58PM

Hi, I am going through a divorce. I am the petitioner. We have the decree nisi. Possessions and finances have already been split but I've had a clean break order drawn up just to cover me for the future. My ex has been sent this but has told me that she will not review the order until 9 months time as she is about to go on maternity leave and doesn't have the money to get a solicitor to look it over (it's not my baby) I suspect she is hoping I will pay for her legal advice or she is trying to delay me so she can apply for the absolute herself in November without the order being in place. Since our separation I've had nothing but issues with her keep demanding more money for our 11 year old son. I think she likes the idea of having the option to come after me for any money I may accumulate in the future.

I would like some advice on what options i might have now? I am aware I only have 12 months to apply for the absolute.

We have both purchased our own new homes with the equity from our marital home. Mine is solely in my name. She has bought hers with her new partner.

What things can she possibly claim for without the clean break in place and what can I do to protect myself from this i.e. A will drawn up etc.

Thanks in advance

AylesburyDuck · 14 September 2017 at 5:04PM

Not sure whether you intended too, possibly not, however you give the impression that you dont want to give any more money towards the upkeep of your 11 year old should it become available.
why on earth not?:eek:

Carrot007 · 14 September 2017 at 5:12PM

AylesburyDuck wrote: »

Not sure whether you intended too, possibly not, however you give the impression that you dont want to give any more money towards the upkeep of your 11 year old should it become available.
why on earth not?:eek:

That's not how I read it. Sounds more like the ex is using the kid as leaverage to get more than she should/needs.

PeacefulWaters · 14 September 2017 at 5:19PM

Tell her if she sees a solicitor now and the consent order goes through unchallenged before the end of November you'll cover her costs up to £250.

Anything else and you'll let her pick up her own bill.

You pay after the consent order though. She pays first.

Happier_Me · 14 September 2017 at 5:26PM

She could come back for more of the equity in the property... and she may have more of a claim if she was the lower earner/main care provider in your relationship, she is rhe main carer for your child now or you have other assets of value such as a pension.

Has she agreed in principle the split of assets? It might be worth you checking out the process for the clean break from her end and getting an idea of cost. If it's a simple case of she can't pay £500 to an independent to confirm she understands the arrangement, then it might be worth offering to cover the cost just to get this sorted and for your peace of mind

Henrydoodles · 14 September 2017 at 6:11PM

I pay an arm and a leg towards my son and have 50/50 custody but it's never enough for her. I get constant threats of her taking him away from me if I don't give her more money

Bath_cube · 14 September 2017 at 8:13PM

Make her aware she will not get anything else other than child maintenance. She sounds a right grabbing bixxx. I bet she doesn't work?.

TBagpuss · 14 September 2017 at 8:15PM

Applying via the courts for an order would be an alternative way of getting things sorted out, but it would be a lot more expensive than paying for her to get some advice. I think your best bet would be to offer to pay for (say) 1 hour's consultation with a solicitor

You're mistaken in thinking you only have 12 months to apply for the absolute. It's just that if you apply more than 12 months after the Nisi, you have to accompany the application with a letter confirming that you have not resumed cohabitation or had further children, and explaining the delay (and 'we were negotiating financial issues' is a very common reason for delays.

rpc · 15 September 2017 at 1:41PM

Henrydoodles wrote: »

We have both purchased our own new homes with the equity from our marital home. Mine is solely in my name. She has bought hers with her new partner.

Does her new partner know that you have a financial claim on his house? (assuming they are joint tenants). How kind of him to provide additional equity into your marital finances prior to dividing up the assets.

Other than that, follow the advice above about a limited offer just to get it done.

Clean break order

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