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Clean Break???

  • scottishlady
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07 Feb 08 #13192 by scottishlady
Topic started by scottishlady
My STBX has stated on his 'statement of Issues' that he wants a Clean Break regarding income....
I understand that a 'Clean Break' means that I would not be able to ask for spousal maintenance...
He is claiming to earn approx 33K (I think it is more like double that, and may be able to prove it)
He states that I earn approx 10K (which is true)....
My sol hasn't really mentioned anything about this to me...
Perhaps she feels that we are not yet at the stage where this is to be discussed....
but if anyone can give me any advice about it I would be very grateful...

SL:)

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07 Feb 08 #13194 by Elle
Reply from Elle
Hi SL,
Clean Break is the basis of Scottish fam law.....England has been known to us Rose v Rose to reach this principle. Clean break is unnattainable if there are dependant children which i believe is not your situation.....so if you agree to a clean break apparently you have no come back.....however note the case of the wife who "got a second bite of the cherry"....in the news section.
Regards evidence of his income....if you have it use it...the courts want evidence and fact
Elle

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07 Feb 08 #13210 by Fiona
Reply from Fiona
I think you need to think of ancillary relief as a process -

1. identify all the assets and debts
2. determine any assets that are non-matrimonial
3. decide a fair division of capital and
4. consider SM.

Generally the greater the capital division is in favour of the lower income spouse the less need there is for SM. It's really to it's a case of having an idea about nos. 1-3 before thinking about SM. If your husband wants a Clean Break there is the option he pays you a lump sum instead of SM.

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07 Feb 08 #13211 by scottishlady
Reply from scottishlady
Ahhh.... right, I see......
Thanks for that both...
I have a better understanding now.... so, he earns far more than I do.... but seems to wants to avoid any sort of spousal maintenance, hence the request for a 'Clean Break'....
I think we are still on number one....
Number two... non matrimonial assets???... don't quite understand what those might be..
Number 3.... a fair division of capital... he wants more or less 100% of all we have as far as his 'statement of issues' goes...151K equity in the home, but he says he needs 150K to buy a house...
there has been no mention of any of our 3 endownment policies....(approx 60K).. or, the money that he 'took' when he left (approx 10K)....
so, my understanding is.... that if he 'wants' a Clean Break... there will be 'room for negotiation' regarding a 'lump sum'????

Thanks again
SL:)

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07 Feb 08 #13214 by Fiona
Reply from Fiona
SL,

There probably aren't any assets that are non-matrimonial. Under certain circumstances sometimes there is an inheritance or an asset acquired post separation which might be considered non-matrimonial.

I wouldn't worry about him needing £150k, he obviously is more able to raise finances than you which is what matters. Yes, if he wants a Clean Break there is room for negotiation.

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