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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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My partners ex wife won't agree to a clean break order and

Resolved Question:

My partners ex wife won't agree to a clean break order and wants nominal spousal maintenance of £1 per year. I own my house and earn around £1800 per month. She doesn't know we are living together but we want to move on without his financial situation hanging over us.
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.
What could she earn if she went back to full time work?
What is the objection to a nominal spousal maintenance order?
Clare
Customer: replied 2 years ago.
There is no objection to paying some sort of spousal maintenance, at one point he was offering £200 per month and £600 child maintenance but she wanted £1100 global maintenance which he just can't afford. He wants a clean break order so there is no come back in the future and no come back on me.
I believe she was a secretary before so potential earnings could be up to £1200 per month. I don't really know.
Expert:  Clare replied 2 years ago.
Hi
Has either of them issued a Court application for the finances to be dealt with?
Do you understand that there is very little risk to your partner in the nominal Order - and no risk at all to you?
Clare
Customer: replied 2 years ago.
Neither of them have applied to the court yet, we thought there could be a risk that she could come back at any time in the future and make a claim for maintenance against him, even 20 years later and if we've built a comfortable life for ourselves because we both work hard she could come back and claim that.
Expert:  Clare replied 2 years ago.
Hi
One compromise would be to agree to nominal spouse maintenance until the youngest child is 18.
However even if it is indefinite it does not actually mean she can take advantage of your partner's have built a more comfortable life - she would have to show that HER position had for some reason deteriorated - that she had a Chronic illness or something similar - and she cannot care for herself.
The only other option is for the matter to go to court and let a Judge decide
I hope that this is of assistance - please ask if you need further details
Clare
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