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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1079
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have my decree Nisi divorce and will shortly apply

Customer Question

Hi, I have my decree Nisi for my divorce and will shortly apply for decree absolute. After this is complete do we have a clean break? I have paid my ex for her share of the house which was transferred by a solicitor and we have a written agreement as to how much I pay her. Can she at a later date take me to court and claim that it was unfair and that she wants more money or claim against any inheritence that I may get in the future.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.

Hello

Thank you for your question.

I am a Solicitorr and will assist you.

It is normal to submit your application to the court at the same time as submitting your application for Decree Absolute - both will then be dealt with. The current court fee for submitting a consent order is £50.

It always my advice that no division takes place until a consent has been approved by the court. I say this because no agreement is legally binding until it has been approved by the court. Despite you having acutally paid your wife the agreed sums - because the court has not approved the same - your wife could make a claim in respect of the matrimonial finances to say it was unfair.

If you do not officially deal with the issue of matrimonial finances and obtain a court order - then yes - your wife could make a claim in the future for a financial cliam ( this of course works both ways) .

You should instruct a solicitor to prepare the clean break for you - to protect your position for the future. This would cost circa £200.

Kind Regards

Caroline

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Customer: replied 2 years ago.
Is a clean break/consent order possible. We have a signed statement of information/deed of separation but I pay her maintenance each month to support the children.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello

When you submit the clean break / consent order to the court the Judge will decide whether to approve the same. A separation agreement sets out the position until the matter is formally finalised by court order.

Kind Regards

Caroline