Currently part way through divorce using the solicitor form wikivorce and also purchased the Clean Break Order, at the same time, however I''ve been reading some old posts on here that state a Clean Break order is impossible when there are children?
We only have the house that ties us financially and we intend to sell this as soon as we can - its in negative equity right now so we just want to agree that if there is any gain from it, it will be split 50/50 - we will also share the care of the chidren 50/50.
Is what I''ve read correct - solicitor hasnt mentioned anything yet as the Nisi hasnt been applied for yet and I understand that the Clean Break order cant be done till after the Nisi has been granted.
From what I understand a Concent Order my be a Clean Break, but not in all cases. Some concent orders allow for Spousal Maintenance, and usually when there are children involved it is common to have a nominal order (of say £1 / year) which is never paid. The reason it is put in is so that if the RP fell on hard times it could be varied upwards to provide them support.
Your assumption about the timing of the concent order is correct, it comes after the Nisi and usually before the Absolute, although it can come after both the Nisi and Absolute
A divorce settlement can be finalised with an order "by consent" agreed between the parties, or an order of the court imposed by a judge. Either way a "Clean Break" refers to an end of financial obligations between the spouses. That doesn''t apply to children, obligations for children can''t be terminated.
Some judges will insist on a nominal amount of spouse maintenance, say £10 a year, as insurance so that the children don''t suffer undue hardship should a parent be unable to work in the because of redundancy or ill health in the future. If there is an order it could be varied in the future although in practice it doesn''t happen that often. Therefore it may not be possible to achieve a Clean Break when there are children.