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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.


change of heart

  • joy
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12 Apr 12 #323155 by joy
Topic started by joy
Hi, We have been divorced for a couple of years and the Clean Break stated that I must pay my ex £5.000 when I sell my house. Now I have sold it he says he doesnt want the money, how do I stand? Do I have to do something through the legal route, or do I accept the letter he will happily give me, stating this? please help me do the right thing cos I do not want him to change his mind later, many thanks for any help.

  • mez
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12 Apr 12 #323156 by mez
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A Clean Break Consent Order is legally binding by law. I am not an expert by any means, but, as a cynic,I would strongly advise you to: Give him the money as per the order. If he would then like to gift it back to you, that is his decision. Do the legal thing first, so no breach of the order can be called into question later.;)

  • dukey
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12 Apr 12 #323182 by dukey
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Yup agree with Mez, he could change his mind and enforce the order later.

Draft a new CO and have him sign it, wiki offer the service for £139, its cheaper than paying 5k later.

A letter from him will count for nothing if he changes his mind.

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12 Apr 12 #323208 by cookie2
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dukey wrote:

A letter from him will count for nothing if he changes his mind.

Hmm, I would not be so sure of that. If he changes his mind again, what would he have to do to get his £5k? He would need to apply to court for enforcement. At which, the OP could produce his letter stating that he no longer wants it. I very much doubt he would win in those circumstances.

As a cheaper/quicker solution than a new Consent Order, how about giving him the £5k and him giving it back again? That would solve the problem. If he ever changed his mind back, you could say well I *did* give him £5k here is the bank statement proving it. He then gave me a £5k gift.

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12 Apr 12 #323209 by joy
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Hi and thanks for that, will get going on that asap, cos he never kept to anything when we were married!!thanks for all you help.

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