Hello. Our situation is my ex wife buys me out of the
FMH for £15,000 and we would like a
Clean Break (except we have 3 children so I will continue CM payments.
Is there anything untoward about this
Consent Order which was drafted by her solicitors for me to sign?
Upon there being no appearance by husband or wife.
Upon the H & W agreeing that the provisions of this O are accepted in full and final satisfaction of all claims for income, cap and
pension sharing orders of any other nature whatsoever which either my be entiteled to bring against the other or others estate in a ny jurisdiction.
Upon H & W agreeing contents of home shall remain absolute prop of party in wose possession they are now in.
Upon wife undertaking
BEST ENDEAVOURS Q sounds a little vague. to procure the release of the H from any liability under "the charge" secured upon "the home" and to idemnify the husband against all such liability.
Upon wife undertaking to the court to pay all outgoings in respect of "the home" and
idemnify H in respect of anyliability there to. Q. Should there be any mention of Discharge??
Upon married womens act etc (I understand this)
Upon Insolvency Act at this days date etc (I think I understand this)
Upon the H & W agreeing to retain the assets, whihc are held in their sole names. Q what assets? As far as I aware we only have a house. Does this relates to a car or personal items or something else?
By Consent it order that.
1. Husband do transfer to W within 56 days all his estate and beneficial interest in "the home" subject to "the charge".
2. The wife do pay or cause to be paid to the H a lumpsum of £15k simultaneous with the transfer.
3. Upon compliance, each party's personal claims gainst the other for, periodical payments, secured pre payments, lump sums for themselves, prop adjustment orders,
pension attachment or pension sharing orders do stand dismissed and neither party shall be entitled to make any further application in relation to the marriage under
MCA 1973 setion 23(1)(a) or (b), Section 24 or Sections 24B,25B,25C, relating to pensions. Q. is there anything missing? We only have pension each and one house.
4. Pursuant to Inheritance etc (understand this)
5. Liberty to apply as to implementation of
terms of this order. Q. Should I ask for any additions here such as implementation and timing??
6. There be no order as to costs. Q. Does this mean I am not going to be pursued for costs?
I just hope there is mnothin glaringly out of place among the above. I have put some Qs in where I am not too sure of things. Thank you anyone.
