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Ancillary Relief - Final Court Hearing

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22 Apr 21 #516532 by Mammyof2
Topic started by Mammyof2
Hi Team,

I had my Final Finance Court Hearing on my Divorce on 1st April - Still awaiting Court Order.

I have been advised to
Pay Him £20,000.00 to ex within 56 days of the Final hearing on 1 April 2021, which we calculate to be by 27 May 2021 or 50% value of the house ( I bought in sole name/paid all the morgage payments/all bills) - I left with 2 kids under 10 that he doesn't financially support as he was made redundant recently and he don't see- ......

I asked in Court as I self Represented as working ( he had free legal aid solicitor and Barrister ) - I ASKED was this a Clean Break after I pay this £20,000 and he can never look for anything again, Judge nodded his head.

The Judge still at 22 APRIL - no Court Order Sent -His side they have not applied for Decree Absolute as yet.

How can I be sure this is a Clean Break......

His Solicitor won't respond when I say are you sending over the Clean Break Agreement to sign.

What should I do, before I pay anything to protect myself from him:

1. Do I initiate the Clean Break agreement or is the
Ancillary Relief - Final Court Hearing Court Order - also the same as a Clean Break. I don't want him looking for anything off me again...is this really over when I pay him the £20,000.

2. Decree Absolute - what if I don't have by 22nd May, which i wont as courts are in backlog told me 6 weeks behind......








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23 Apr 21 #516533 by .Charles
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What is it that you want to achieve from the order? Do you know what 'Clean Break' means?

Without seeing the terms of the order it isn't possible to say for certain but a Clean Break is usually achieved where an order is made where there is no ongoing maintenance payment, no unresolved matters (such as a property being held in joint names with a deferred charge) and the order specifies that the financial claims against each other are dismissed.

Charles

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23 Apr 21 - 23 Apr 21 #516534 by Mammyof2
Reply from Mammyof2
Hi Charles,

Yes, I am chasing order, I have just been told by Court Team - the judge received the DRAFT order on Wed, I have sent an email in again to ask them to get the judge to confirm he is including the wording - settlement is full and final payment and a Clean Break. Hoping Monday they send me the Approved ORDER

it was stated in Court this was it Final Agreement, no maintenance payments to him as I have kids , no unresolved matters, no other assets, just the house in my name, and me and kids stay there- and pay him £20k or 50% in 56 days etc.......As soon as I get the order, can i send to you....I am just worried if the word ''Clean Break'' stated on it, should i be worried on not, should I ask for them to be included....
Thanks for Replying
Last edit: 23 Apr 21 by Mammyof2. Reason: Update from Court

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23 Apr 21 #516538 by .Charles
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I doubt that the order will use the word 'Clean Break' as those words are used to describe a type of order.

A Clean Break usually applies to most financial settlements. The Court is duty-bound to consider a clean break order in all cases if this is achievable as it has been recognised that ongoing financial links between the parties helps nobody.

Charles

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23 Apr 21 #516539 by .Charles
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As it happens I have a file in front of me now with a final order on it and, assuming the standard template document is used to prepare the order, there is reference to Clean Break in two of the paragraphs towards the end of the order. This particular version has paragraphs 17 and 18 with those references but all orders will be different.

Charles

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30 Apr 21 #516577 by Mammyof2
Reply from Mammyof2
Hi Charles, Court is sending the Final Court Order today, how do i send it to you? or do I just stick the wording on here, and take out personal details.....just want someone have a look at it, so it looks like Full & Final settlement, and Clean Break - please - Thanks

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04 May 21 #516615 by Mammyof2
Reply from Mammyof2
Hi Charles, I have the Order, can I send to you for you to have a look at it please?

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