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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.


Do you need help sorting out a fair financial settlement?

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Clean Break Agreement

  • dolphin
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30 Sep 07 #4166 by dolphin
Topic started by dolphin
Hi, I have just filed for divorce on the grounds of unreasonable behaviour and wondered if someone could explain if I will be able to go for a Clean Break agreement re the financial side of things. We have 3 children, so my husband will be paying maintenance for 10 years, does this stop us having a clean break settlement?

Many thanks for any help you can give me.

  • LittleMrMike
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01 Oct 07 #4172 by LittleMrMike
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In its purest form, a Clean Break agreement is where all claims which either party may have against the other are dismissed and neither can make any further claims in the future. As you obviously know, child support is a statutory obligation and one cannot get a clean break from the duty to support one's children. Apart from that, it is perfectly possible, in theory, for all claims except child support to be dismissed, but whether you call that a clean break is, I suppose, a matter of semantics. I can't comment as to whether this is possible in your case without much fuller information as to your respective incomes and circumstances.

Mike 100468

  • Sera
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01 Oct 07 #4183 by Sera
Reply from Sera
Wot Mike says!

Actually, in 1999 (my first divorce), We were given a clean-break. However, the judge suggested that I could come back to him with matters pertaining to the welfare of our son. (Citing school fees etc).

  • dolphin
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01 Oct 07 #4204 by dolphin
Reply from dolphin
Many thanks for the responses. This is a lot clearer now.

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