Do i need a clean break order?

sheltieLinda

My husband and i seperated in Jan 2010 and sold our house in Oct 2010, paid off the mortgage and a few debts, and then split the equity 50/50. We agreed to leave the relationship with just the share of the equity and the possessions from the house that we split between us, and to leave each others pensions etc alone. We both have pensions from our employers that we have been paying into for over 20 years. He is in is early 50s, im in my mid 40s. We are now waiting for the Decree Absolute, but my ex is now struggling financially, and im worried he may make a claim on me as a result. I have almost no disposable income as have bought myself a new home, and with bills etc am only just keeping my head above water!

Thanks!

Becles

There's nothing to stop him making a claim now or in the future. I would get one for peace of mind, then you know your new home is safe and he can't claim from you.

Likewise it would protect him in case you claimed on any inheritance, lottery win etc., that he might get

wannabe_sybil

Ten years down the line, if you win the lottery and have no clean break order then he can have a claim on it, even after divorce.

It may also affect you/your heirs if you die without a will. hth

margaretclare

I would have thought that a 'clean break' is definitely the way to go. Otherwise either party can come back, and back, and back...and realistically, once a marriage is over, unless there are children between you, then it's over, isn't it?

NAR

Another vote for clean break order. Another example, if you receive an inheritance he could seek up to 50% of it, without an order being in place.