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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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, I will be making an appointment with my solicitor to

Resolved Question:

Hi,
I will be making an appointment with my solicitor to discuss obtaining a clean break order from my ex-wife. My ex-wife and I have already discussed and agreed that because of the short duration of the marriage (marriage broke down after 8 months), we have no joint assets, finances and no children that we should do a simple clean break. I want to get a better idea of the process before I go to my solicitor - if my wife and I have agreed that we do not want to transfer any finances, assets etc betweeen us and we simply keep the finances and assets we had individually before marriage then can we include this agreement in the clean break (no assets) order and get our solicitors to submit this to the courts ?
Do we both still need to prepare a list of finances and assets in this scenario ?
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 - did you live together prior to the marriage - if so for how long?
Clare
Customer: replied 2 years ago.

Hi Claire,

No, my ex-wife and I did not live together prior to the marriage.

Please let me know if I can provide any more information.

Expert:  Clare replied 2 years ago.
Hi
When the Consent order is sent to the court in due course you will both need to complete this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d081-eng.pdf
So this is the bare minimum of information that your solicitor will require.
However since you are both in agreement it would be sensible for each of you to prepare a full schedule of assets and to have a copy of both when you see your solicitor.
Your proposals are sensible and proportionate so it is sensible to ensure that this is clear from the beginning
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire,

Ok thanks for the initial reply.

Got a follow up question, for the property type of capital would this need to include property solely or jointly in my name? Reason I`m asking is my name is ***** ***** deed of my mum's property (so not sure if this is classed as joint ownership).

My solicitor did mention there may be the possibility of excluding the above mentioned asset from the clean break since I was worried the court could use my parents property as part of any settlement, is this something you have experienced with previous cases ?

I wouldn't want to jeopardize any family assets as part of the clean break.

Expert:  Clare replied 2 years ago.
Hi
For any agreed order to be binding you must declare ALL assets - and your interest in your mother's property is an asset
Given the short length of the marriage this shoudl not be a problem
Clare
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