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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 break order wording please

  • Rosaly
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23 Mar 10 #193829 by Rosaly
Topic started by Rosaly
Hi!
I'm self-rep and the Applicant.
Final hearing very soon. My ex originally did not want the Clean Break, now he does.
He has not filled in an Application (Form A). Can the Judge grant a Clean Break nonetheless?
I am preparing my bundle (there is also an issue of disputed ownership over a potential asset) and I need the right wording regarding the Clean Break.
Please help!
Thank you.
This is what I have written so far on this 'Clean Break' issue:
Both parties are now in agreement for a Financial ‘Clean Break’.
The only potential asset remains X whose disputed ownership is to be decided at the Final Hearing on ....
Accordingly, the Applicant seeks the following:
(1) That the terms of this order are in full and final settlement of all and any claims each party may have against the other in England and Wales or elsewhere howsoever arising including all forms of Ancillary Relief, including pension sharing orders and of all and any claims that either party may have against the estate of the other in life or following the death of the other.
(4) That each party shall retain as their separate property all items currently in their possession.

IT IS ORDERED AS FOLLOWS:

1. There be a Financial ‘Clean Break’ between the parties, in full and final settlement of all and any claims each party may have against the other in England and Wales or elsewhere howsoever arising including all forms of ancillary relief, including pension sharing orders and of all and any claims that either party may have against the estate of the other in life or following the death of the other.
The Petitioner's and the Respondent's applications for maintenance pending suit, periodical payments, lump sum orders, settlement and transfer of property orders, secured provision orders and pension sharing orders be and hereby are dismissed.

2. Neither the Petitioner nor the Respondent shall be entitled following the death of the other to make any application for financial provision in respect of the estate of the other pursuant to the Inheritance (Provision For Family and Dependants) Act 1975

Thank you.
Rosaly

  • Elle
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23 Mar 10 #193867 by Elle
Reply from Elle
Include something along the lines...

This order shall constitute a Clean Break of the parties to the order in that there shall be no future claims of any description to or by either party :unsure:

E

  • Kimmi
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23 Mar 10 #193868 by Kimmi
Reply from Kimmi
I don't even know where mine is :unsure:I could have a look tonight and let you know the wording on that if you like?

K/x

  • Tets
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23 Mar 10 #193912 by Tets
Reply from Tets
You really need a solicitor to draft a Consent Order (a Clean Break order is a Consent Order with no maintenance element) to ensure it covers everything intended. You could jointly purchase a fixed price consent order I think the wikivorce one is now £99.

  • Elle
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23 Mar 10 #193920 by Elle
Reply from Elle
With all due respect tets, not everone needs a solicitor to prepare an order ;)

E

  • Rosaly
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23 Mar 10 #193953 by Rosaly
Reply from Rosaly
yes please, if it's not too much trouble for you.
Thank you.
Rosaly

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23 Mar 10 #193966 by Elle
Reply from Elle
Rosaly,

I can send you mine that are legally registered and legally binding however they were drafted by myself, signed by sols, are simplified, cover all legal technicalities and are fair to both parties...however this may distort the view that sols are better equpped for this exercise ;)

E

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