Financial order after divorce

mslane

Hi,

I am currently going through a divorce which I have done myself through the courts without the help of solicitors - this was as it was straightforward, no kids not assets to split. I left my adulterous husband 2 and a half years ago and at the time he bought me out of our property (incidently when the housing market was at its peak!)
I am now concerned to hear that I need to get some sort of financial order to ensure he cannot claim further money etc from me in the future. Can someone pls tell me how I do that? I am currently waiting for a discree nisi.
I found out my ex is having a baby with the woman he had an affair with and I know he is in debt up to his eyes and his (our former) house is too small for an extra body as his girlfriend already has a young child.
I on the other hand have cleared my big debts and am about to buy my second property. I obviously dont want him claiming anything I have worked very hard for since leaving him.
Can someone help please?

Thank you.

Rebecca

margaretclare

Hello Rebecca

What you need is a 'clean break' divorce. This means that neither party has any claim on the other once the decree absolute has been granted. Not sure how you do this on a DIY basis - speak to the court office about it?

HTH

NAR

I would recommend you get this through a solicitor to ensure it is watertight.
The sooner you have it in place the better, as his circumstances are obviously getting worse.

MrsAnnie

NAR wrote: »

I would recommend you get this through a solicitor to ensure it is watertight.
The sooner you have it in place the better, as his circumstances are obviously getting worse.

I agree with NAR, you should have a clean break order written up by a solicitor to make sure everything has been covered and it holds up in court.

Until an order is signed then you will still be linked financially. You should get this done asap.

If you happened to come into any more money ie inheritance, lottery etc he could try and lay claim to some of it. And you also need to protect the assets you have already.

Usually the courts will not grant the decree absolute without the financial arrangements being sorted.

saveallmymoney

I think such an order would require disclosure of your finances to the other side, you may not wish to do this.

The chances of any court awarding him anything of your assets after some years are pretty much nil.

spirit

I would advise that you make an appointment with one of the solicitors who offer a free 30 minute consultation. I think you might want a Clean Break clause too (I have one) and am jolly glad as the ex made some noises a while ago about him not having a house and I have and how the divorce settlement was unfair (this comment was made a couple of years after the divorce).

My view is that ok, solicitors fees can be expensive but might save you £££££s in the future.

MrsAnnie

saveallmymoney wrote: »

I think such an order would require disclosure of your finances to the other side, you may not wish to do this.

The chances of any court awarding him anything of your assets after some years are pretty much nil.

This is only if he pushes for financial disclosure and disputes who should get what. The clean break can say that he isn't entitled to her assests and she isn't entitled to his and what each party took from the relationship will not be indispute.

Yes I agree, the chances are pretty much nil - but OP would want to have piece of mind moving forward in life.

smartpicture

But surely if he suddenly get a 'clean break' document to sign, the risk is that it will put ideas in his head that weren't there before? May be better to let things lie. However, agreed that a solicitor's input is needed to clarify.

NAR

smartpicture wrote: »

But surely if he suddenly get a 'clean break' document to sign, the risk is that it will put ideas in his head that weren't there before? May be better to let things lie. However, agreed that a solicitor's input is needed to clarify.

And if he gets wind of a lottery win or inheritance it won't take long for someone to inform him he may be able to claim part of it! It may cost OP some money now (depending on how clued up ex is) but better that than what it could cost her in say 5 years time, considering the way both parties finances seem to be heading.
I cannot emphasise enough - clean break is essential.

ElusiveLucy

I found the CAB were really helpful when I did a DIY divorce in circumstance remarkably similar to yours, but they may well just refer you to a solicitor anyway.

mslane

Thank you for all your responses. They are all a real help.

Thank you again.