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Ask Clare Your Own Question
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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Would this be good wording for a clean break from spousal

Resolved Question:

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.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Just to check - this is a Clean break Consent Order that you are drafting your self.
Has the capital situation been sorted out?
Clare
Customer: replied 2 years ago.

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.

Expert:  Clare replied 2 years ago.
Hi
I am afraid this will not work - she will need to sign the Consent Order itself - or the Court will have to decide the matter.
the Order should read
"The Order for maintenance in the Order dated xxxx is herby dismissed and the Respondent will have no further claim on the Applicant in life or in death"
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Perfect! Thanks.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - good luck
Clare
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