clean break order agreement

Help!

I am doing my divorce all by myself - got as far as Decree Nisi stage and now need to put in Clean Break order, which I also hopefully can do myself, have all the wording.

Problem I have is this. I luckily already got him to transfer the marital home with no equity in to me BEFORE I instigated divorce proceedings and before matters deteriorated between us.(right to buy council house I have absorbed all penalties)I have no communication with the ex and in fact had to bailiff him the divorce papers. In theory arent we supposed to reach agreement before I send clean break order to court for approval. and how do I do this when I have no contact with him and he refuses to go to solicitor. (and I dont want to use a solicitor unless necessary due to costs)

Am I able to send him a draft order with a letter sent by recorded delivery stating if I have no written reply from him within seven? days I will deem it that he accepts the contents of the order, and could I submit that to the judge. Do I also send in forms E and evidence etc with my Consent Order for the judge's consideration.

Also due to his very bad behaviour (financial abandonment, adultery etc) I have asked the court for him to pay my costs, which I am trying to limit (petition, bailiff). My nisi is being heard on the 20th Dec, should I go to court with evidence of my finances etc and why he should pay costs and should I put it clean break order with all the stuff prior to hearing or on same day.

Very confused need direction on what to do first/next etc Any advice greatfully received.

The divorce is treated separately from the finances.

You can't proceed with the finances unless there is the written agreement of both parties. The court can approve this and convert it into a legally binding Consent Order if the judge is happy with it and it's seen to be fair. Otherwise a court application is required to resolve the finances and all yours/his/joint assets are a consideration.

Consulting a sol, even if it's only once off, to find out where you stand and what options there are is not a bad idea.

The procedure for getting a consent order is that both parties complete a form M1 and send it to the Court. The form is quite a simple one, but it does ask for details of the parties' finances. The judge needs that information to assess whether the agreement is a fair one, as Fiona rightly says.

Seems to me that a consent order means just that - both parties must consent. Without a form M1 from both of you I just can't see the judge considering an application from you alone, I'm afraid.

Mike 100468

Do I take it that all you are suggesting is the status quo stays the same and each of you agree to a clean break

Why not suggest H agrees to a consent order....and it may be easier to sort if you get a consent order prepared and invite (not threaten) him to sign the same on the basis you will pay the consent order fees of the court (actually £30).

Remind him that if he doesn't do that you will have to file form A (Court fees £210) and you BOTH will have the inconvenience and COST of preparing form E's with details of your finances.

If you have to issue Form A the Court usually lists the matter for a 1st Appointment after Forms E have been filed...and at that hrg you will suggest an order be made - if sensible the DJ will canvass H as to whether he really wants to proceed i.e. what is he hoping to gain in pressing on with the case?

Do I take it that all you are suggesting is the status quo stays the same and each of you agree to a clean break

Yes, but to be honest I think he will ignore any correspondence I send to him, but it is worth a shot, got to be cheaper than filing ancilliary relief.

The other thing I am not sure of is that will the judge decide at decree nisi stage who is to pay divorce costs, and what does the dj need or use to make his decision i.e. the circumstances in the divorce petition, (I cited unreasonable behaviour and part of it was adultery and abandonment)or our/my financial position and will dj ask for more information on our finances.

thanks

Do I take it that all you are suggesting is the status quo stays the same and each of you agree to a clean break

Why not suggest H agrees to a consent order....and it may be easier to sort if you get a consent order prepared and invite (not threaten) him to sign the same on the basis you will pay the consent order fees of the court (actually £30).

Remind him that if he doesn't do that you will have to file form A (Court fees £210) and you BOTH will have the inconvenience and COST of preparing Form E's with details of your finances.

If you have to issue Form A the Court usually lists the matter for a 1st Appointment after Forms E have been filed...and at that hrg you will suggest an order be made - if sensible the DJ will canvass H as to whether he really wants to proceed i.e. what is he hoping to gain in pressing on with the case?