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Clean break orders

  • Carlsberg71
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2 months 1 week ago #514767 by Carlsberg71
Clean break orders was created 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

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1 month 2 weeks ago #515006 by wikivorce team
Replied by wikivorce team on topic Clean break orders
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.

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