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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Clean Break Order

  • nbroome
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04 Oct 12 #359350 by nbroome
Topic started by nbroome
I am basically reprsenting myself, although my solicitor provides advice and information when required. It was my solicitior that encouraged me to make the Financial Order Claim.
Let me first put that that originally my ex-wife was given approximately £22,000 to pay off car loans, furnish a house, pay off credit cards, house deposit and solictors fees. I have then paid the full mortgage since May 2004.

We never got any financial seperation and I applied in June of this year on the advice of my solicitor. However, I am not looking for a lump sum or any financial gain, I want a Clean Break, the house into her name and for her and her partner to take responsibility for the mortgage.

I still want to pay for my children and I am willing to pay more than CSA would require.

However, it is only been brought to my attention today, after I have submitted mt FormE and eventually my ex has submitted hers, that because I have remarried I should not have made any application.
Is this correct even though I am not seeking any gain from my ex?

  • dukey
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04 Oct 12 #359368 by dukey
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Did you make a form A application after you got married?, if you did you lost the right to do so, they call it the remarriage trap, there are very few exceptions to this, have court contacted you? If so what have they had to say.

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04 Oct 12 #359372 by nbroome
Reply from nbroome
No I didn''t submit FormA prior to marriage and no the court have not said anything. It was my solicitor that advised me to make application.

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04 Oct 12 #359376 by dukey
Reply from dukey
So who raised this as an issue?.

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04 Oct 12 #359378 by nbroome
Reply from nbroome
My ex''s solicitors have after preparing her FormE outside of the dates indicated by court and the fact I have been chasing them and not giving them minute as they had not met date deadlines.
I am awaiting confirmation from my solicitor especially since I could have been hit with a costs order

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