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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34511
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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HI there, We got a divorce but made a bit of a mistake!

Customer Question

HI there,

We got a quickie divorce but made a bit of a mistake! We have just been granted our Decree Absolute, thinking we would then sort our finances using a clean break agreement, not realising that it doesn't apply to divorces with kids.

We have reached an agreement on our finances that we both agree on, but we are wondering do we need to formalise this and if so, how?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What makes you think that you cannot have a Clean Break Consent Order?
What agreement have you reached?
Clare
Customer: replied 3 years ago.

HI Clare,


 


We can't have a clean break as we can't afford it. I will still be paying maintenance etc.



We have agreed that my wife gets 80% of equity in house but doesn't need to pay me the 20% until the kids leave school in 10 years or she cohabits or sells the house.


 


I pay £900 in child support reviewed annually and £300 in maintenance. We keep our own pensions.


 


Regards


 


Nick

Expert:  Clare replied 3 years ago.
Hi
If your ex is having 80% of the equity eventually why are you also paying spouse maintenance?
Clare
Customer: replied 3 years ago.

It's the only way she can afford to keep the family home if I pay some maintenance as well. My eldest son has some mental health issues and a change of home won't be good for him, so we have agreed that she can stay in the home with the kids and I will help with an extra payment until the kids are 18, she cohabits or sells the house.


 


Thanks Nick

Expert:  Clare replied 3 years ago.
Hi
then there is no reason why that cannot be turned into a Consent Order and sealed by the Court.
Please make sure that it is drafted by a Solicitor to ensure that YOU are fully protected.
If you need any further assistance please do not hesitate to ask
Clare