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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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myself and the x just wanted a simple divorce with no financial

Customer Question

myself and the x just wanted a simple divorce with no financial claims either way. We have one child and were married for 7 years. We split up things evenly and share custody She went ahead and organised the divorce, but I see that section 10 of the "pray" potential claims can be made by way of maintenace, lump sum, special proviosion and pensions claims.
Can this be avoided, could we just have had a clean break
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac and I will be able to help you. First I need some more information:

Has the petition been filed with the Court?

Have you agreed maintenance for the child?

Is there to be no other maintenance?

What joint assets do you have?


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Customer: replied 3 years ago.

Yes. The petition has been filed. We have joint custody and a joint account so we share all costs. So no maitenance and that was outlined. Its just in tje document back from the court where all the financial provisions are mentioned. Both provision for the x and child. She queried her solicitor and they said this was standard.


No joint assets

Expert:  familylawexpert replied 3 years ago.

It is good practice to mention all of the range of financial claims in the prayer to the petition, as technically those claims have to be pleaded before they can then all be dismissed. You should see them being dismissed in the financial consent order that is made setting out your financial agreement (ie a clean break) - which you should see in draft before it is filed with the Court.

The above is true for your respective financial claims against one another, but child maintenance is a different issue. You cannot have a 'clean break' in respect of child maintenance - you could think of that as the right of the child, which neither of you two able to contract away (as opposed to your own rights, which you can).

To have an actual clean break will require that the wording in the financial order about your joint contribution to an ongoing joint account for your child (which is what I understand you to say the arrangement is to be)is expressed to be for the benefit of your child. And the order will therefore dismiss her claim for periodical payments.

I hope that is helpful, but if you need me to explain any points in more detail, let me know.

Regards,
Mac

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Expert:  familylawexpert replied 3 years ago.
Hello,

I notice that you haven't yet rated my answer, is there some part of it in relation to which I could help you further?

Regards,
Mac

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