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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34908
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 civil partner and i are about to apply for a dissolution.

Customer Question

My civil partner and i are about to apply for a dissolution. She does not see the need for a clean break order as she swears she will not make any financial claims on me at any point in the future. The house is soley in my name and was mine before we were civil partnered and she in no way contributed financially while she lived here with me. I understand there is no time limitation on future claims but can my ex civil partner make any future financial claims if she marries or enters another civil partnership? Would a judge view a clean break order as fair if she walked away with nothing and i kept the house (despite the fact it is mine and she doesn't want anything)?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long did you live together, how much is the property worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Customer: replied 3 years ago.



We lived together for about 4/5 years. The house is worth approx. £90k & there is approx £55k left on the mortgage. I currently earn £17k pa and she earns about £12 pa. There are no other assets.


I brought her a car for £1500 when we split up and she categorically states its is my house as i had i before she arrived and she never paid any 'house-keeping' while she lived here.


The rush to get the dissolution is as she plans to remarry next year.


Hope that all helps



Expert:  Clare replied 3 years ago.
Any claims she may have will end on her remarriage - so the risk for you if there is no order is that her new relationship breaks down before then and she changes her mind about making a claim.
having said that there is also a risk for you in insisting on a Clean Break Order as the Judge could well refuse to make an Order that gives your partner nothing at all after five years
I am sorry - the decision is not an easy one to make - so to an extent it depends on how much you feel you can trust your ex's word.
Please ask if you need further details
Customer: replied 3 years ago.



Many thanks - when you say marriage - does that include civil partnership ? I have no idea what they plan to actually do marry or enter a civil partnership

Expert:  Clare replied 3 years ago.
Yes indeed is does include a Civil partnership