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What are we each entitled to in our divorce settlement?

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Divorced but won''t give a clean break

  • Howard59
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21 Oct 14 #447314 by Howard59
Topic started by Howard59
Hi, After some advise if anyone can help. I seperated from my wife 3 years ago, now have a divorce but my ex will not give a Clean Break order. I was on legal aid for the divorce, my solicitor said there was nothing she could do to help, she had written on numerous occasions to her solicitor and they have all been ignored and unanswered, she has now closed the case.

I have a child and am paying CSA and anything else I can help with financially for my child. I am on a low wage, when possible, I am working 2 jobs. I was declared bankrupt 3 years ago, but am now turning my life around. I am starting to get my life back in order, but am concerned, my ex has told friends she is waiting for me to meet someone else and save enough money to buy another house. she will then come for half of it. Financially I have no assets, everything went in the bankruptcy.

How can I get a Clean Break order? Is there any way around this? I dont want to work hard for the next 10 years to have my ex turn up and ask for half. I want to draw a line under this and move forward with my life.

Can i get a Clean Break order if she is refusing to agree to one?

  • Pipsqueakthefirst
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22 Oct 14 #447340 by Pipsqueakthefirst
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Have you got any sort of financial order in place either by concent sealed by the courts or by the courts? If you have no sort of order you are both in a situation of the other one coming back for financial settlement at a later date. It works both ways.

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22 Oct 14 #447343 by Howard59
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Thanks for response. No nothing is in place, she won''t agree or respond to a Clean Break. I understand it works both ways, but I just want to draw a line under this and start to build my life. I have lost everything, I don''t want to work 12 hours a day to save for a home to have her come back in 5 or 10 years for half and the whole thing to start over again.

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22 Oct 14 #447346 by Pipsqueakthefirst
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Have you asked your solicitor about court proceedings? If she won''t respond that might be your best option. Also if you have disengaged with your solicitor have you tried citizens advice? You can get a free 15 minute appointment. Best to write down your concerns and the background so they can help you the most.

  • Cameron70
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22 Oct 14 #447365 by Cameron70
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Adding to this thread, if the OP had created a new life and new assets from his own work, post seperation, can the ex come after that?

Im to believe from my solicitors advice, that if one party buys a house, creates wealth from their own endeavours, thats not in the ''pot'',

Anyone clarify?

  • UnknownBeing
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22 Oct 14 #447395 by UnknownBeing
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This is also something I am most concerned about. There is no way on this earth that she would be co operative and do one of these it was hard enough getting to this stage of counting down to absolute! I am concerned as she would be just as devious to do something like this too. Also am concerned of I remarry and she doesn''t she can still have claim and then it would bring new wife''s finances into the pot would it not?? I know if the ex remarries she cannot make any claim to me. A solicitor advised me that if she''s unlikely to make any claim currently then she most likely wouldn''t in the future also she would have to pay the initial costs which I believe are around 2k in order to bring a claim to court. Currently we have absolutely nothing between us of any value and she emptied the house when she left. Also no children so she cannot try that avenue thank god!

Just would be nice that English law would recognise that once Absolute has been made that any further comeback is null and void!

  • LittleMrMike
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23 Oct 14 #447421 by LittleMrMike
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The issue which is highlighted in this thread is one about which I have strong views.

Normally, in litigation, if one party makes a claim, and the other does not contest it, then the party making the claim will get judgment in his or her favour.

Furthermore, if a claim is not brought within a given time, the right is lost for ever.

It is very much in the public interest that anyone who has a claim should pursue it timeously.

There was a case, a few years ago, called North v North, where an ex-wife applied for further financial provision from her ex 22 years after the divorce. To be sure, she didn''t get all she asked for or anything like it. But she did get something, when in my view she should have been sent away with the proverbial flea in her ear. The DJ at first instance upheld the claim and the unfortunate ex husband had to go to the Court of Appeal to get it reduced. The Court of Appeal said the ex husband was not a gratuitous guarantor against any future financial misfortune to his ex.

If they made me a dictator for a day, like Abu Hassan in the Arabian Nights, I think one of the laws I would pass would be to the effect that a financial claim is only validly made when the claimant completes a Form A and pays the fee. The problem at the moment is that, in order to establish a claim, a Petitioner has to tick the boxes in the Petition - whereas the respondent has to complete Form A and pay a fee.

I think there should be some time limit for making a claim and some realistic sanctions against parties who make a claim and fail to pursue it with reasonable diligence. End of rant.

LMM

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