My wife left me in March and I took over the mortgage and bill payments. Straight away I went and got a mortgage set up but she informed me that we would need to be divorced before I could buy her out. So, since then I’ve covered everything and she rents somewhere.
The divorce is going through, I’ve had very little information sent to me apart from a letter saying it was sent to the courts with the unreasonable behaviour reasons.
I’ve come home from work today to find a letter from another solicitor she has drafted in saying she has had a clean break order drafted up and I need to arrange to pay her.
Don’t I need the divorce to be finalised? Do I need to get a solicitor?
We haven’t exchanged anything. We agreed a figure when this all begun but she told me that nothing could happen until the divorce was final.
I feel like she’s getting inpatient and wanting her money, I just don’t want to put myself in a dangerous position, ie give her money before things are finalised and leave myself open.
The clean break order will need t be sent to the court together with financial disclosure forms from both of you. If the court agree it is fair the will stamp it as an order. You won't actually pay her any money until the decree [url=Glossary/General/Absolute.html ]absolute[/url] is pronounced.
Sounds like she is jumping the gun a bit. Have you heard from court regarding the divorce? Are you happy with the terms of the clean break order she is suggesting?
If you're not happy with it you might as well reject it now. Be difficult to decide anyway if you haven't exchanged financial details.
There’s been no financial disclosure form or anything from the court apart from a acknowledgment of service. She is jumping the gun I think. I will have to see what she puts in her clean break disclosure.
No wonder divorce’s turn ugly.
You cannot have a legally binding order to settle the finances until there is a decree nisi in place.
An agreement should only be made when you have had full financial disclosure and reviewed your respective needs.
Bear in mind that sorting out the finances is separate to the divorce.
It is worth looking at what she is proposing but no money should change hands until there is a legally binding financial order and ideally a decree [url=Glossary/General/Absolute.html ]absolute[/url].
If you are confident that you know the financial position, then you may want to consider a counter offer. You could also suggest mediation.