Would this be good wording for a clean break from spousal maintenance? Upon making of a final decree hearing, we both agree that claims for lump sum, property adjustment, pension orders do stand dismissed. I agree that neither of us will be entitled to make any further application in relation to our marriage under the Matrimonial Causes Act 1973 section 23 (1) (a) or (b) or sections 24 or 25 (b) and (c ), or to make an application to the court on the death of the other for provision out of their estate.
A consent order was written (for my husband) in 2007. It was not good and made no provision for their son, who is now 17, and also no clean break. He is having to pay spousal maintenance till he dies, in spite of splitting the pension. His wife has moved to the USA and has no children and his son is living with us full time. One daughter has finished uni and the other one he is supporting and she is living in his house in Cambridge, while his ex is not paying a penny towards her uni expenses. His ex is also refusing to pay child support for his son who is living with us, while he has to keep paying her £81/week! When the court order was made she had quite her job and had no training. She is now a qualified teacher who is earning almost as much as him (within 1-2k) and has been working full time as a teacher for the past 3 years. We are looking to vary the order because her circumstances have changed. I was using the phrases for the clean break that were in my consent order. She is notoriously difficult to negotiate with, and we want her to notarise any agreement that is made. We were thinking that if she notarises the correct wording, then if she doesnt sign the consent form the court could see that she had agreed. She never signed the FORM E for their original court order and had lots of stuff missing worth thousands of pounds. What she does is agree to one thing and then change her mind... she agrees to pay half of a flight for a kids and then changes her mind... she told her son that he could have a motorbike if he lived with her, then she wouldnt allow it, she agreed that he could come to our wedding and then didnt allow it (a day before he turned 16 so technically it was child abduction)... sorry too much information. ... Yes the capitalisation was sorted out.