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Does form A lead to clean break order?

  • teachermum
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22 Apr 12 #325835 by teachermum
Topic started by teachermum
Hi, I have some questions about form A, any advice would be gratefully received.

I want to have FMH (in negative equity)transferred to me and imdemdify ex - do I tick the property adjustment box?

I would like to keep my pension (ex doesn''t have one) - do I need to tick a box or will that be covered separately?

Lastly, will the judge make a Clean Break order at the end of the hearing? Ex is constantly pressuring for money and I would like to get some form of closure, at least on the financial side.

Very grateful for any advice,


  • LittleMrMike
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23 Apr 12 #325850 by LittleMrMike
Reply from LittleMrMike
If you want the FMH transferred to you, that is a property adjustment order, so you need to tick the box.
You can''t really claim a pension sharing order if he has no pension against which you can make a claim, and you say you don''t want to share yours, so you don''t tick it.
The Court is specifically directed by statute to consider the possibility of a clean break, but that is all that is required - namely that the Court must consider it. I really can''t answer the question because long experience on wiki has taught me one thing ; that '' clean break '' like happiness, means different things to different people. As a lawyer, to me, '' clean break '' means that all claims are dealt with and neither party has any ongoing financial claim against the other. Thus spousal maintenance, even for a nominal sum ( which is possible here ) would mean the settlement is not a clean break.

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