Clean Break Order years after divorce, Need advise !

pioneer11185 · 31 December 2018 at 10:31AM

I have been reading news regarding clean break order/consent orders from ex’s & I am now concern, can someone please advise?
I got married in 2004 and divorced in 2008.
We did not have any properties or finances/savings to share as we were ranting a Flat. At this time I was not aware of clean break or consent order.
I have been paying child maintenance through CSA since separated. No other contributions made to each other since.

My current wife and me are financially well now and we have bought properties.
Could someone please advise/share experience. Any help much appreciated!
Can you please advise if my ex can ask for share in my properties & savings as we haven’t had clean break order drawn while divorcing in 2008.
If answer is yes, can I apply for clean break order now and what are the chances that court’s permission?
Do I need to list out my properties and savings while applying for Clean Break order?
I have made my Will but think Will still can be challenged in absence of clean break order.

Thanks all in advance and hope I have satisfying answer soon.

74jax · 31 December 2018 at 2:32PM

If you are only looking for expert advice then this open forum probably isn't the best place and a family solicitor / lawyer would be your best bet.

pphillips · 31 December 2018 at 11:15PM

74jax wrote: »

If you are only looking for expert advice then this open forum probably isn't the best place and a family solicitor / lawyer would be your best bet.

Agreed - the OP needs to be clear about whether or not they are looking for advice from an expert. If they are then the chances of them finding a family law solicitor on here are pretty slim.

badmemory · 1 January 2019 at 12:55AM

Well you could let sleeping dogs lie or you could have a chat with a solicitor in this field, but a clean break would surely be based on the assets at the time of the break & not 10 years later.

pphillips · 1 January 2019 at 2:23PM

By not having the consent order in place you run the risk that in some point in the future your ex-wife falls on hard times and decides to apply to the court in her time of need. If her motivation were otherwise, bearing in mind the amount of time that has elapsed and the shortness of your marriage, I.do not think the court will look at her claim with much sympathy. However, If you ex-wife remarries then she will not be able to claim from you in any event.

If you want to seek a consent order you should try to agree the terms with your ex-wife or go through mediation, you will both normally need to seek legal advice before the court would approve such an order. However, bear in mind that if you are asked to make a financial disclosure this will concern your current assets rather than what you had at the time of the marriage.

Clean Break Order years after divorce, Need advise !

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