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Clean break order

Whats the cheapest way to get a clean break order?

Comments

  • MyRealNameToo
    MyRealNameToo Posts: 5,254 Forumite
    1,000 Posts First Anniversary Name Dropper

    Write the consent order, fill in form D81and submit it and pay the £58 fee.

    Of cause this can end up being very expensive if you poorly draft the order and it doesnt have the legal effect you hoped for and hence most will not do it the cheapest way and get a professional to draft it

  • RAS
    RAS Posts: 37,016 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Draft it jointly with your ex. Pay for a solicitor make sure there are no hidden messes, that it deals with all circumstances and to ensure that it's framed using the right terms. Submit.

    We've seen some appalling outcomes from saving legal fees on these. The lady who ranted because she couldn't get hubbie off the mortgage despite paying him some equity? Her DIY job ignored the overseas property bought during the marriage that he owned outright and his massive pension fund. She'd actually left the house to her kids in her will despite it being joint ownership. Appears that lawyer hadn't asked enough questions either.

    If you've have not made a mistake, you've made nothing
  • jackieblack
    jackieblack Posts: 10,789 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    We first agreed everything between us, then found local solicitor who would write everything up in legalese and submit it for a fixed fee. I got a free half hour appointment to discuss details with him first. Ex had a free half hour appointment with a different solicitor in order to satisfy the court that he had taken advice and been advised on his entitlement.

    Everything will be alright in the end so, if it’s not yet alright, it means it’s not yet the end
    Quidquid Latine dictum sit altum videtur
  • Albermarle
    Albermarle Posts: 32,651 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper

    I would guess that even with an amicable split, most people could not really agree everything between them. If for no other reason than a general lack of understanding about money matters, especially pensions.

    In these cases I would assume the solicitor would still have to suggest some changes to any initial agreement.

  • jackieblack
    jackieblack Posts: 10,789 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    No not really, we had discussed it over some months and I think we had considered everything relevant - I suppose our financial situation was quite simple compared to some.

    Everything will be alright in the end so, if it’s not yet alright, it means it’s not yet the end
    Quidquid Latine dictum sit altum videtur
  • Albermarle
    Albermarle Posts: 32,651 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper

    I was not actually referring to you, I am sure you had it all sorted out. I was just making a general comment about the level of financial knowledge needed, which seems to be absent in large parts of the population.

  • jackieblack
    jackieblack Posts: 10,789 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Everything will be alright in the end so, if it’s not yet alright, it means it’s not yet the end
    Quidquid Latine dictum sit altum videtur
  • VyEu
    VyEu Posts: 115 Forumite
    Third Anniversary 100 Posts

    Unless you know how to actually draft a consent order, you need legal help. You ex can act in person if she doesn't want her own lawyer. There's also the d81 (statement of financial information) which needs completing.

    Note this is the consent order route. If ex doesn't agree a clean break (don't forget the pensions!) then it's a different ballgame

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