clean break proof that you can pay?

If you wanted to pay off a spouse out of the marital home, does the judge have to see proof of the finance available to do so, before approving what you and your ex have decided on?

The judge would, or should, have a summary of your finances submitted as part and parcel of the application for the Consent Order.

LMM

Thank you LMM, that is what I thought. This may sound daft but does this mean that, given that my daughter saves very hard but her husband spends every penny he has, the money she has saved will be shared with him as an asset before she can actually use it to pay him off? Or because she has saved it since separating, can it be kept apart?

I recall reading somewhere a long time ago that a thrifty wife
would not be penalised because she is thrifty and a spendthrift spouse should not be rewarded for his/her extravagance.

The Court will make a decision on the basis on the facts as they are when the decision falls to be made.

Conduct is taken into account only rarely, and I would suggest that you take some legal advice before raising this as an issue.

LMM