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Can we do a Clean Break form with a property?

  • Sophie J
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7 months 2 weeks ago #509917 by Sophie J
Hi everyone,

Looking for an answer regarding what forms we need to complete to put forward a financial offer to the respondent?

Can we put together a Clean Break form - Does it allow for a stipulation for property split, or would that mean we have to go down another route as there is a property involved?
Basically we are hoping to have everything else as a clean break bar the property which ideally is to be sold.

If you want more context then see below;

I'm speaking from the new partner POV here - my Partner is trying to divorce from his wife of many years, with 2 kids (14 & 17) without success.

I'm going to try & keep this short as its been a 6 year nightmare & I could spend hours going over it all, however, the overview is the respondent initially refused to engage or sign the papers & then started appealing/contesting everything & playing games etc etc.

Eventually, we got her to sign (only when agreed that we would pay her legal bill in return for her signing the papers), as soon as we got a date that we could file the Decree Absolute she threatened to lodge an appeal to the courts to have it stopped because the finances still weren't sorted (despite her refusing to engage in mediation for years).

Now she suddenly wants to engage & a few months ago she made a proposal that she would sell the property (keeping the contents & everything else) & give him 10% of whatever was leftover from the sale after everything was paid off, under the pretence of she needs more money for a new mortgage, in order to have somewhere to live for the kids.
This property is currently on an interest-only mortgage so in a few years time then unless they come up with the money, the property has got to be sold or will be repossessed anyway. My partner has been paying the mortgage pretty much the entire time since the mortgage was taken on whereas she paid for other things.

So - my question is - Can we write up a proposal for a clean break with a stipulation for the property to be sold in X amount of time & after all the bills/loans etc have been paid off, then the remainder be spilt via whatever percentage we can get her to agree too?

I get I'm probably being too optimistic & tomorrow when shes had a change of heart this will all be out the window, but i figured if we can work out something reasonable & fill the papers out in advance, then hopefully he can get her to agree to it & we can get it to the courts for their consideration without incurring any more costs (Shes already ran what was supposed to be a fixed-fee 2 year [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] divorce up over 7k as we've had to file it 3 times now)

We've already got to apply to the courts when this is done explaining why the Decree Absolute is now out of the 12 months, so i can only hope that a politely worded cover letter explaining will suffice.

Any advice regarding if we can write something up would be great. I get we may need to get a solicitor to do an overview before putting anything in front of the courts, but we can't afford to keep spending money on Solicitors as she manages to always run the bill up, so at this point we'd like to try & work out what we can do ourselves to keep the costs down.
(The last one we appointed knew what we'd been through & told us he would charge us £100 fixed fee to go over the paperwork prior to starting the finances for us - when he finally got the file from our previous Solicitor, he told us it had gone up & would now be £500 as she has racked up that much paperwork it was going to be hours worth of reading).

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7 months 2 weeks ago #509918 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Can we do a Clean Break form with a property?
Yes you can get a clean break order to include what is going to happen to property and when etc.

You'll need to get it written up by a solicitor to make sure the wording is correct. Check out the service on here. Probably worth ringing the help line.

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  • Sophie J
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7 months 2 weeks ago #509919 by Sophie J
Thank you - ideally, we don't want to end up getting back into having solicitor bills keep landing on the doormat every month for reading yet another abusive email that the respondent has chosen to send that costs us for the privilege, so maybe this is the best idea so we can get a guide on what is a reasonable offer thats most likely to get her to accept

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