A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Clean break consent order

  • Bandit600
  • Bandit600's Avatar Posted by
  • New Member
  • New Member
More
21 Feb 08 #14591 by Bandit600
Topic started by Bandit600
Hi, this is my first posting so please excuse me if I've got the protocol wrong e.g. posting in the wrong place / under the wrong category.

I have been separated for 12 years and nothing is in dispute between my stbx and I. We're proceeding with a divorce to "tidy matters up".

I'm concerned to get the procedure right for applying for a Clean Break Consent Order.

Could someone please tell me, once the Decree Nisi has been granted how do I know when it is time to apply for a Clean Break Consent Order?

And what needs to be included when we apply for a Clean Break Consent Order?

And how is the application considered? Do we both have to attend court, for example?

Does anyone have an example of an Application for a Clean Break Consent Order that has been accepted and granted, that could be used for guidance, please?

Any assistance would be greatly appreciated.

Dave.

  • Specialdad
  • Specialdad's Avatar
  • Platinum Member
  • Platinum Member
More
21 Feb 08 #14607 by Specialdad
Reply from Specialdad
You need these two forms:

1. Form D81 Statement of information for a consent order (Family Proceedings Rules) (12.05)

2. Form D36 Notice of application for Decree Nisi to be made Absolute.

Best of Luck.

  • Bandit600
  • Bandit600's Avatar Posted by
  • New Member
  • New Member
More
21 Feb 08 #14615 by Bandit600
Reply from Bandit600
Thanks very much for the information and for your quick response.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
21 Feb 08 #14618 by dukey
Reply from dukey
Hi bandit clean breaks only apply if there are no children under 16 or 18 in education, fill in the d36 d81 and get your sol to write the consent order (this helps provent future problems) the court rubber stamp it job done.
dukey

  • Bandit600
  • Bandit600's Avatar Posted by
  • New Member
  • New Member
More
21 Feb 08 #14633 by Bandit600
Reply from Bandit600
Thanks for that. The kids are well out of the age range (and education) so that's one less complication.

Do you know if it is the case that after Decree Nisi, nothing can proceed unless and until those forms are submitted - or is there a chance of me "missing the boat" and the Court making some other order by default?

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
21 Feb 08 #14643 by dukey
Reply from dukey
Hi if you dont fill them in do nothing and your partner does the same, nothing will happen the court wont force you to continue, if you leave it for a year or more after the nisi the court will require a reason for the delay in action is there any reason not to fill them in?:unsure:

  • Bandit600
  • Bandit600's Avatar Posted by
  • New Member
  • New Member
More
21 Feb 08 #14665 by Bandit600
Reply from Bandit600
No, no reason not to fill them in. Neither of us have any capital / property to "declare" so it should be relatively simple and I'm wondering if we can do it ourselves. However, I AM in receipt of a pension and she's entitled to one in the future so we need to be sure the forms are filled in accurately and to the court's satisfaction - and we may need to take time over that. Obviously, we can start now to make the best of what time's available!

I'm just anxious not to fall foul of any procedural trap. I wondered if, for example, the Decree Nisi triggered a demand / request from the court for submission of D81 / D36 within a given period or whether the initiative to submit would lie with me / stbx. You've clarified that - thanks again.

Do the two forms cover everything that the court needs to know or do we need to send a covering letter or statement saying we agree we want to make no claim on each other and therefore request a Clean Break Consent Order?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11