Divorce and Clean Break Agreement.

RobertT

I was under the same impression that once we have divorced, I would be able to sort myself out and maybe restart my life again.. However looks like i'm going to be paying out even more money just in case 20 years from now, she's skint and comes back.

BISCUIT1

Hi £1200 is ridiculous! My sol quoted me £450 +vat fixed fee this week...so you can definitely get it cheaper than that..x

Sicard

I'm going through the same process and using a solicitor who specialises in expat divorces as I live abroad. I got one quote from a solicitor for £3,000 including the clean break consent order and another who I chose who is charging less than half that.

Yes, I couldn't believe an ex spouse can chase for money years later which I think makes the law an !!!. But it's worth doing. I've heard of cases where even if a clean break consent order is given it's been successfully challenged at a much later date. But it's much harder.

TBagpuss

newbutold wrote: »

From everything I read at the time it was better to get it done between nisi and absolute, then get it done after absolute. You cannot apply for consent order before Nisi.

We were called before the judge for a 10 min hearing for him to satisfy himself that we had freely agreed to consent order & understand what we had agreed to as neither of us was represented by solicitor. At this hearing I took my absolute application with me and asked him if he would process at same time as consent order, so on the day I got both consent order and absolute agreed by judge! :T

It's common to to the order between Nisi and Absolute but not essential. One of the reasons (which doesn't apply in OP's case where there are no assets) is that ensures that you don't have a scenario where you not longer have automatic rights as a spouse (for such things as widows/widowers pension rights) but haven't yet got a formal order.

In your case the timing is less important, but it would still be a good idea to get the order.

Be aware that you lose the right to make the application for an order if you remarry (but that wouldn't stop your ex claiming from you)