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  • FIRST POST
    • d4ns85
    • By d4ns85 4th Jan 18, 9:05 PM
    • 1Posts
    • 0Thanks
    d4ns85
    Divorce...Cleanbreak..pension
    • #1
    • 4th Jan 18, 9:05 PM
    Divorce...Cleanbreak..pension 4th Jan 18 at 9:05 PM
    Hi All,
    I am after abit of advise, I am currently in the process of going through a divorce. Myself and my ex partner have agreed what ours is our, eg we arent splitting assets (we didn't own our home etc) We have had a verbal agreement of this so I am currently looking at a clean break (consent order) to have the put in writing.

    A few things are confusing me, which brings me here so i hope you dont mind me asking!

    1. although she is entitled to she has stated that she has no interest in my pension, on the clean break agreement i am looking at it is asked to enter my pension information, if it is agreed what this isnt being divided why is this needed?

    2. We dont have children, although she has children from a previous relationship, she does not want maintenance from me for the kids, it states to enter this information

    My main worry is that we have made a verbal agreement to not divide / go after each others assets but the courts may decide different and go against what we have agreed (eg split my pension and have me pay mantencance etc)

    Sorry for the long post and thank you in advance :j
Page 1
    • WillowCat
    • By WillowCat 4th Jan 18, 11:20 PM
    • 808 Posts
    • 984 Thanks
    WillowCat
    • #2
    • 4th Jan 18, 11:20 PM
    • #2
    • 4th Jan 18, 11:20 PM
    The information is needed (it's called disclosure) as when the judge seals the clean break order he needs to be satisfied that it is fair.

    If most of the assets (perhaps in this case your pension) are with one party then the judge will need to be sure that the other party understands what they are giving up. It would be normal in this scenario for your wife to take legal advice in order to fulfil this requirement. If the judge is still unsure then they may call the parties in for a short hearing so they can explain the reasons behind the agreement.

    If you have assets that you do not declare on the D81 (disclosure document) then any order made can be challenged later. In effect it would not be worth the paper it is written on.
    • Comms69
    • By Comms69 5th Jan 18, 9:51 AM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #3
    • 5th Jan 18, 9:51 AM
    • #3
    • 5th Jan 18, 9:51 AM
    Hi All,
    I am after abit of advise, I am currently in the process of going through a divorce. Myself and my ex partner have agreed what ours is our, eg we arent splitting assets (we didn't own our home etc) We have had a verbal agreement of this so I am currently looking at a clean break (consent order) to have the put in writing.

    A few things are confusing me, which brings me here so i hope you dont mind me asking!

    1. although she is entitled to she has stated that she has no interest in my pension, on the clean break agreement i am looking at it is asked to enter my pension information, if it is agreed what this isnt being divided why is this needed?

    2. We dont have children, although she has children from a previous relationship, she does not want maintenance from me for the kids, it states to enter this information

    My main worry is that we have made a verbal agreement to not divide / go after each others assets but the courts may decide different and go against what we have agreed (eg split my pension and have me pay mantencance etc)

    Sorry for the long post and thank you in advance
    Originally posted by d4ns85
    The court wont realistically go against it.


    I mean you aren't eligible to pay maintenance unless you adopted the children anyway.
    • Seanymph
    • By Seanymph 5th Jan 18, 11:47 AM
    • 2,670 Posts
    • 18,014 Thanks
    Seanymph
    • #4
    • 5th Jan 18, 11:47 AM
    • #4
    • 5th Jan 18, 11:47 AM
    If it is on the form then your wife cannot say later she didn't know about it.

    So it needs to go on the form, to show it has been considered by both parties, and that she wants no part of your pension.

    The children are not considered 'children of the marriage' unless you have adopted them. So there does not need to be a childrens agreement.
    • TBagpuss
    • By TBagpuss 5th Jan 18, 12:36 PM
    • 6,570 Posts
    • 8,537 Thanks
    TBagpuss
    • #5
    • 5th Jan 18, 12:36 PM
    • #5
    • 5th Jan 18, 12:36 PM
    If you are looking at the D81 form then as others have said, that is to show the court, and each other, what the assets are, so that neither of you can later say you agreed to a settlement without knowing about all of the assets.

    You put down details of children of the family - this is normally defined as children who have been treated as part of the family, so step children who lived with you would be counted.

    At s.9 of the form you can add in any clarification, so you can say that the children are children of the family but not f the marriage.

    If part of the reason she is not touching your pension is that all/most of it was built up before you and she married, put that in s.9 as well.

    If it *isn't * the D81 then I assume you are using a boilerplate template which will be trying to cover all eventualities.
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