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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.


Clean Break Query

  • Hellosarah123
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18 Sep 20 #514140 by Hellosarah123
Topic started by Hellosarah123
Hi, please could anyone advise me if be hugely grateful...

Can either party in the divorce arrange a Clean Break or does it have to me the one who's divorcing the other?

So if my husband(ex) divorces me under whatever reasoning, am I able to sort the Clean Break with a solicitor or I cannot as I'm being divorced against?

Kind Regards

  • .Charles
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18 Sep 20 #514142 by .Charles
Reply from .Charles
I think you are misusing the term 'Clean Break' where you mean financial settlement.

The divorce and financial matters are dealt with separately. The petitioner files a divorce petition and the respondent responds to that petition.

Once the petition has been issued either party can apply for a financial order. The person making who applies for the order is the applicant and the other party is the respondent.

This means that the petitioner (in divorce proceedings) can also be a respondent (in financial proceedings).

So, if you are the respondent in divorce you can apply for a financial order and be the applicant in those proceedings. Confusingly both matters use the same court case number and can be in different courts.

You also don't necessarily need a solicitor, depending upon how simple/complex matters are.

Finally, a Clean Break is a reference to a financial settlement where there are no ties between the parties e.g. neither party is paying maintenance to the other.

Charles

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