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.
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.
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.
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