Clean break order

Skivey

After 12 months of being separated from my wife I am wanting to get a divorce over and done with. We have no financial ties, a minimal amount of debt (any debt with false claims with HMRC have been split between us already) and no assets (says a lot for 18 years!). 

I know I can get divorced online now easily through the gov website, but I'm wanting a clean break order, not just for my security but my ex wife too. We are kind of on talking terms. We have two children who are 15 and 10. They live with her and we have a financial agreement with that and I have the children every other weekend for a couple of nights. I work full time she doesn't work. I'm happy to pay for the divorce.

Is there an easy, cheap way to get a clean break order and divorce? What would people recommend doing? 

Thank you

MattMattMattUK

Skivey said:

After 12 months of being separated from my wife I am wanting to get a divorce over and done with. We have no financial ties, a minimal amount of debt (any debt with false claims with HMRC have been split between us already) and no assets (says a lot for 18 years!). 

I know I can get divorced online now easily through the gov website, but I'm wanting a clean break order, not just for my security but my ex wife too. We are kind of on talking terms. We have two children who are 15 and 10. They live with her and we have a financial agreement with that and I have the children every other weekend for a couple of nights. I work full time she doesn't work. I'm happy to pay for the divorce.

Is there an easy, cheap way to get a clean break order and divorce? What would people recommend doing? 

Thank you

There are children involved, you need to speak to a solicitor.

ABFG

I'm not a lawyer but based on what I know:
If you are genuinely on good terms and have a good relationship, get together over a coffee and agree between you what you're both happy with for the money, both the division of assets (as low as it may be), the clean break and the child maintenance money. Write it into proper notes. Go to a good solicitor who will be able to fairly quickly turn it into a submission to the court. Both of you will need to fill in what your assets and earnings are (not necessarily a full disclosure if there is trust between you).

At this point, you would have your ex check it over and ideally take advice herself from a solicitor, if not your solicitor will likely want to send her a letter recommending she takes advice. Both of you may need to be firm that you are happy with the arrangement and agree it is fair and don't want to fight for more. If it needs to be redrafted it may need to be.

Solicitor can then submit to the court and hopefully they sign it off. This process needn't take long.

Sarahspangles

Look for a Resolution solicitor, they work well (and are less expensive) for couples who are reasonably amicably splitting but where there are children involved.

Be aware that children can and do change what they want in relation to living arrangements and contact during those teenage years.  There are considerations like whether your ex can manage if you no longer pay child maintenance for one or both.  Student Loans are also based on the income of the parent the child mainly lives with.

TBagpuss

ABFG said:

I'm not a lawyer but based on what I know:
If you are genuinely on good terms and have a good relationship, get together over a coffee and agree between you what you're both happy with for the money, both the division of assets (as low as it may be), the clean break and the child maintenance money. Write it into proper notes. Go to a good solicitor who will be able to fairly quickly turn it into a submission to the court. Both of you will need to fill in what your assets and earnings are (not necessarily a full disclosure if there is trust between you).

At this point, you would have your ex check it over and ideally take advice herself from a solicitor, if not your solicitor will likely want to send her a letter recommending she takes advice. Both of you may need to be firm that you are happy with the arrangement and agree it is fair and don't want to fight for more. If it needs to be redrafted it may need to be.

Solicitor can then submit to the court and hopefully they sign it off. This process needn't take long.

This - agree on what you want and then speak to a solicitor. They will be able to draw up the paperwork., either you or they then send it to the court . You and your ex will both need to fully complete a form D81 summarizing your finances .

The court can't actually make an order until the divorce has reached the Conditional Order stage, a little over 20 weeks after starting the process, so it's likely to make sense to get the divorce started then discuss and agree the financial settlement and get a solicitor to draw up the paperwork, then sign and send to the court once your divorce catches up. 

A solicitor who is a member of resolution is a good choice, they are committed to trying to help you resolve things amicably. It's not limited to where there are children involved 

VyEu

Ok, there are three things here: 1) divorce 2) matrimonial finances and 3) childcare arrangements

1) is pretty straight forward. it's online, you click a button. She clicks a button, wait for 6 weeks, apply for conditional order by clicking another button (this is extremely simplified but this is roughly how it works)
and then we come on to 2) (notice the divorce isn't final yet in part 1)). Financial consent orders are separate proceedings made within divorce proceedings. Depending on how amicable you and the ex are, you draw up an agreement and bring it to a solicitor (and she has her own sol as well) to draw it up. As well as the draft order itself, there is also a 'statement of information' form where you tell the court how much is in the matrimonial pot so the court can consider whether the order is 'fair' or not. Grossly unfair terms may be rejected by the court (especially if the weaker party has not had financial advice)

3) is completely separate. If you can agree outside of court, then great, set up a parenting plan and stick to it. There is the 'no order' principle in children act proceedings i.e. if the parties can make do without a court order the court won't make one. However, if you do want the black and white certainty, it's an application to the court with a consent order. Judge will likely seal it (unless they think that the arrangements would not be in the children's best interests, which does not on the facts you have presented here seem to be the case)

For point 2) (and 3 if you want a consent order) please do speak to a solicitor. In terms of cost, the more you two agree between each other and the less back and forth there is and the simpler the arrangements, the cheaper it is.