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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 I am going through a divorce at the moment I have

Resolved Question:

Hi there I am going through a divorce at the moment I have all the paperwork and I know how to fill them all in as well as the court fees however there is one thing that's confusing me there is an online company selling a clean break agreement for 100 pounds plus an extra 64 pounds for the forms which I already have. How do I get a clean break without going with this company and a solicitor and how and where I would get the forms from as I cant find anything online ad cant seem to find a straight answer from anywhere. We have no property loans or assets together just our son which I pay regular payments through direct debit on my account and with the calculation made by the child maintenance service as I have two other kids with a previous partner who I was not married to. I am just confused about the clean break agreement.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
This is actually NOT part of the Divorce Process.
The divorce is the administrative ending of the marriage - the Clean Break Order is part of the Financial arrangements that go with it
A Bit like the wedding service and the party - you can have the first without the second if you wish.
A Clean Break Order needs to be drafted agreed with your ex signed and sent to the court
There is a very simple precedent here
http://www.wikivorce.com/divorce/Financial-Settlements/Financial-Settlements/Consent-Order-Simple-Example.html
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare.

Thank you for your response I just have one more question.

The link that you have given me is that all I need to download and then does this form need to be sent along with the divorce papers or could it be done at a separate time?

Also am I entitled to claim for the clean break if a child is involved I have already explained that I do pay maintenance for the child by direct debit straight into her account but al sums of monies paid has been through the child maintenance calculation from the child maintenance service themselves so I am paying exactly how much I should be in regards ***** ***** salary.

Chris

Expert:  Clare replied 2 years ago.
Hi
You cannot just download it.
You need to use it as a guide to drafting your own Clean Break Order.
When you have both agreed it and the Decree Nisi date has been set you send it to the court in triplicate
together with this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d081-eng.pdf completed and signed by you both
and a cheque for £45
Please ask if you need further details
Clare
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