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  • FIRST POST
    • Henrydoodles
    • By Henrydoodles 14th Sep 17, 3:58 PM
    • 2Posts
    • 0Thanks
    Henrydoodles
    Clean break order
    • #1
    • 14th Sep 17, 3:58 PM
    Clean break order 14th Sep 17 at 3:58 PM
    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
Page 1
    • AylesburyDuck
    • By AylesburyDuck 14th Sep 17, 5:04 PM
    • 669 Posts
    • 1,522 Thanks
    AylesburyDuck
    • #2
    • 14th Sep 17, 5:04 PM
    • #2
    • 14th Sep 17, 5:04 PM
    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?
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
    • Carrot007
    • By Carrot007 14th Sep 17, 5:12 PM
    • 578 Posts
    • 481 Thanks
    Carrot007
    • #3
    • 14th Sep 17, 5:12 PM
    • #3
    • 14th Sep 17, 5:12 PM
    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?
    Originally posted by AylesburyDuck
    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.
    Last edited by Carrot007; 14-09-2017 at 5:12 PM. Reason: spelling
    • PeacefulWaters
    • By PeacefulWaters 14th Sep 17, 5:19 PM
    • 6,841 Posts
    • 8,428 Thanks
    PeacefulWaters
    • #4
    • 14th Sep 17, 5:19 PM
    • #4
    • 14th Sep 17, 5:19 PM
    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
    • By Happier Me 14th Sep 17, 5:26 PM
    • 369 Posts
    • 794 Thanks
    Happier Me
    • #5
    • 14th Sep 17, 5:26 PM
    • #5
    • 14th Sep 17, 5:26 PM
    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
    • By Henrydoodles 14th Sep 17, 6:11 PM
    • 2 Posts
    • 0 Thanks
    Henrydoodles
    • #6
    • 14th Sep 17, 6:11 PM
    • #6
    • 14th Sep 17, 6:11 PM
    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
    • By Bath cube 14th Sep 17, 8:13 PM
    • 127 Posts
    • 68 Thanks
    Bath cube
    • #7
    • 14th Sep 17, 8:13 PM
    • #7
    • 14th Sep 17, 8:13 PM
    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
    • By TBagpuss 14th Sep 17, 8:15 PM
    • 5,864 Posts
    • 7,617 Thanks
    TBagpuss
    • #8
    • 14th Sep 17, 8:15 PM
    • #8
    • 14th Sep 17, 8:15 PM
    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
    • By rpc 15th Sep 17, 1:41 PM
    • 2,294 Posts
    • 3,488 Thanks
    rpc
    • #9
    • 15th Sep 17, 1:41 PM
    • #9
    • 15th Sep 17, 1:41 PM
    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.
    Originally posted by Henrydoodles
    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.
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