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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, My wife of 10 years and I are looking to divorce.

Customer Question

Hello,

My wife of 10 years and I are looking to divorce. We have never lived together, for many reasons, and we each have our own pre-marital exclusively owned property and mortgage. We both have children from previous relationships, but none together. We have no joint assets either.

On top of this she has just been made redundant from a full working career. Neither of us want to claim anything from each other, but have heard recently Judges have started to interfere with agreed consent orders put to the court to approve.

I am looking for advice on whether you think a Judge might not expect it reasonable for my wife to expect nothing now she is effectively unemployed and that we don't want any claim on each others assets etc?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
Are your assets reasonable balanced and how much do you earn?
Claire
Customer: replied 3 years ago.

Hi Claire,


 


I currently earn about £60000 per year, she use to earn about £45000


 


In terms of assets, after deductions of loans and mortgages, I would say about £130k for her and about £350k for me, both of which we came into the marriage with, and neither have contributed to each others during the marriage, and as I said, we have never lived together and have no shared assets.


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
Is she likely to be able to find another job?
Claire
Customer: replied 3 years ago.

Hi Claire


 


I hope so, she is qualified, but is currently still searching.


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
Then given the history of the marriage and the finances there is little reason to think that a court would see it as unreasonable to endorse a Clean Break Settlement.
They usually only hesitate where it is clear that the arrangements agree dis manifestly unfair
Claire
Customer: replied 3 years ago.

Hi Claire,


 


So, it is reasonable for each of us not to have a claim on each others assets and there would be no requirement for me to pay even short term maintenance, even though she is currently unemployed?


 


I am also concerned that our assets might be seen as disproportionate, i.e. I own a reasonable amount more than she does, even though I did to begin with?


 


Clearly I want a reasonable chance of success and neither of us want a Judge to interfere with what we have voluntarily agreed between us both. I guess I am trying to get a view on how subjective any decision may be?


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
I should make it clear that this right of a Judge to refuse an order is not new - nor is it being exercised more often that it used to be.
Nor of course can the court do anything more than refuse to seal the order - no more and no less.
It is unlikely in the circumstances that you have described that a court will interfere - however if need be you can simply wait until your ex is back in work before making the application
Claire
Customer: replied 3 years ago.

Hi Claire,


 


Thank you, that helps a lot.


 


One final question. Looking at consent order services, some say 'No Form E, but only file a basic financial document is required? I was discussing this with a colleague at work and she said they never published any financial information about each other when they got divorced nearly 10 years ago, only what they agreed to do, share, payments etc. Have things changed, or do we still need to do a financial disclosure?


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
This is the only form that will be needed
http://www.familylaw.co.uk/system/uploads/attachments/0002/0949/D81.pdf
Claire

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