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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning I am currently in the final stages of divorce

Resolved Question:

Good morning

I am currently in the final stages of divorce process, having been separated for over 3 years. I have been advised by my solicitor that my ex wife should sign a clean breaks order in order to protect my financial security should I into money in the future (i.e inheritance).
However she is adamantly refusing to do so. My solicitor suggests I pursue her in court however I would rather avoid taking this course of action if possible. Are there any other options? how likely is that that she would be successful in making a claim in the future if I go ahead with the decree nisi/absolute without a clean break?
I have 2 young children age 4 & 6 who i provide ongoing financial support to as set out by the financial statement - £300 per month plus payment for after schools clubs/birthday parties etc. They reside with their mother - contact arrangements are that I have them for 3 nights a week and a proportion of the school holidays which depends upon either parties work commitments.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 assets/debts are there and why does your ex not wish to sign the Order?
Clare
Customer: replied 3 years ago.

We had a house together which has been dealt with - i have signed it over to her so have no claim on it. we have no existing debts in our joint names. I have personal debts of approx £10,000.


She has failed to give a reason for her unwillingness to sign the order despite several attempts on my part to discuss the matter. She just refuses and becomes volatile, threatening to with hold contact with the children.

Expert:  Clare replied 3 years ago.
Hi
How much was the equity in the property?
Clare
Customer: replied 3 years ago.

£60,000

Customer: replied 3 years ago.

It's approx £60,000, the majority of which she put in as a deposit (£30,000) when we bought the property. We completed a financial agreement when we first separated and I accepted a settlement of £8,000 from her to sign over the house so now she has soul ownership.


 


 


 

Customer: replied 3 years ago.

She also attempts to dictate who the children spend time with when they are in my care, what they wear/eat etc.... does she have any right to do this?

Expert:  Clare replied 3 years ago.
Hi
What income do you each have?
Clare
Customer: replied 3 years ago.

 


I earn approx £24,000 p/a


She earns approx £26,000 p/a

Expert:  Clare replied 3 years ago.
Hi
Do you expect to inherit anything in the future?
Clare
Customer: replied 3 years ago.

Yes I expect to inherit a significant amount of money from my grandparents in the future - they have informed me that I am named in their will. I am unsure of the sum of money but I believe it is more than £20,000.


Is there anyway I can ensure the inheritance is protected?

Expert:  Clare replied 3 years ago.
Hi
To be honest if that is the extent of any likely inheritance there is no overwhelming cause for concern
Yes if you wish to be certain she can make no further claim on you in the future then a Clean Break Order is required.
However even without such an Order your ex would struggle to make any claim on you in the future bearing in mind that she has received the house
If your ex did make a claim then the court would look at assets Inherited AFTER divorce very differently from any other assets and the chances of a distribution being order are slim
With regard to the children matters the law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary
Whilst the children are with you then you are responsible for them and provide dyou do not dress or feed them inappropriately the details are up to you
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you that is good to know and much appreciated


 


James

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