Hoping to do DIY divorce. My husbnd has received the devorce Petition and wrote to me to say he would not be contesting. Initially thought great but bit suprised. I requested a clean brake within the statement on the divorce pettion. Can i expect that if he is not contesting that he is agreeing to the clean brake too or will this still be a seperate issue after the divorce? How is this veiwed by the courts?
Ok... Do I have to wait for the divorce (decre abs)before applying for a ''Clean Break''. Clean brake - to sever all finanial ties. We have never shared finanes and still have our own individual homes. Or can I apply before?
A Clean Break is actually a Consent Order or an order of court, it is not an application, it is an agreement you make with the ex or a judgement of court.
If you can agree then you will need a solicitor to write the agreement and this can only be done once you have the first decree which is the Nisi, once the judge agrees it you wait for the last decree the Absolute which makes the Consent Order binding.
Just so you know wiki offers a Consent Order service for £139, but as i said you must have an agreement first.
No, Lori, you don''t have to wait for the Absolute though in general terms the order will not effect until the Absolute.
You don''t apply for a Clean Break, you apply for financial order and you can do that either in the Petition or by completing Form A.
Typically, a Clean Break order will deal with the assets, allocate them between the spouses and there is almost invariably a clause that will dismiss other financial claims by both spouses against the other, except to the extent provided in the order.