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Clean break agreement

  • kitchen man
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16 Nov 23 #522082 by kitchen man
Topic started by kitchen man
Hi. I've been married since 2007. My wife and i seperated at the start of 2020. We have a 13 yr old daughter. Im 58, shes 57

I'm now renting and she is living at the property which is in her name alone.

Neither of us has significant savings so we agreed to go through a joint divorce application to save money. We 'ideally' want a Clean Break agreement whereby i make no claim on the property (which is worth circa £350k) and she makes no claim against my pensions. I will agree to continue to pay a monthly amount (as i have been doing for the last 3 years) as maintenace for my daughter. No solicitors are involved at this stage. The divorce application has been filed and we should hear from the court later this month.

I'm trying to get the CETV's for my pensions as this would be taken into consideration when the court decides if they will allow a clean break agreement. The total value of my pensions will definitely be less than the value of the house.

As a bit of background when my daughter was born in 2010 my wife gave up work and we lived almost entirely on my income. I also gave her £40k 2 years ago to pay off 95% of the remaining mortgage leaving her with approx £7k left to pay.

My questions are:
Has anyone been through a similar divorce ie clean break agreement?
Is it necessary/recommended to get a solicitor to draw up a clean break application to submit to the court?
Any recommendations on who to use for that?
Is there any general advice anyone can give?

Many thanks for any advice anyone can give

Kitchen Man

  • hadenoughnow
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03 Dec 23 #522127 by hadenoughnow
Reply from hadenoughnow
The judge who is asked to approve the Consent Order would need to be satisfied it is fair to both of you and that your reasonable needs are being met if possible. It is wise to take legal advice - this site offers a fixed price legal financial consultation.
As the consent order is a legal document it is important it is properly drafted. I would always recommend this is done by a solicitor. This site offers a consent order drafting and submission service that you may want to consider.

Hadenoughnow

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