A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Clean break orders

  • Carlsberg71
  • Carlsberg71's Avatar Posted by
  • Premium Member
  • Premium Member
More
15 Nov 20 #514767 by Carlsberg71
Topic started by Carlsberg71
Hi,
Hoping that someone from this fantastic community can help me.
A little bit early, but better to be prepared.
I have a Clean Break order, but my 25% of the FMH is held until July 2024 due to children been involved.
I have just read my order again, and wondered what the process is going forward as I know the ex will make it as hard as possible.
I already know that I will be sending a solicitors letter 12-18 months prior, but was just wondering how will I ensure that the order is kept to.
The other orders decided on the day haven’t been upheld, so I can’t see this happening either. Should I let the court know she is already in breach?

Chris

  • wikivorce team
  • wikivorce team's Avatar
  • Moderator
  • Moderator
More
05 Dec 20 #515006 by wikivorce team
Reply from wikivorce team
The enforcement options open to you depend on the wording of the order - so its a little difficult to advise without seeing that.

Planning ahead and getting ready to send notice by solicitor letter seems a sensible approach.

Enforcement related to your 25% share cannot really be started until the July 2024 date has passed and when it starts it will take some months - as house sales/remortgages take time even when everyone is fully co-operating.

You ask if you should enforce her failure on other clauses - that's hard to say without seeing the order wording and knowing what circumstances might have prevented her complying.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11