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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.


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clean brake

  • Lori321
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01 Jul 12 #340394 by Lori321
Topic started by Lori321
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?

  • LittleMrMike
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02 Jul 12 #340443 by LittleMrMike
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Financial matters are entirely separate from the actual process of ending the marriage. They will always be considered separately.

The term '' Clean Break '' in its purest form is where all financial ties between the former spouses are severed and neither party has any ongoing claim against the other.

However it is my experience on wiki that the term '' Clean Break '' like happiness, means different things to different people. So to say that you want a clean break does not mean very much.

It would mean, for example, that you forego all claims for maintenance. However an agreement for forego maintenance for your dependent children is not enforceable.

It''s OK to say you want a Clean Break as a general statement of intent, but you still have to agree how to divide the assets.

LMM

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02 Jul 12 #340453 by Lori321
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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?

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02 Jul 12 #340455 by dukey
Reply from dukey
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.

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02 Jul 12 #340509 by LittleMrMike
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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.

LMM

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