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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
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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Following a rocky divorce (financial proceedings after

Customer Question

Following a rocky divorce (financial proceedings after decree absolute took time from 2007 to 2013) my ex wife finally moved out of the matrimonial home and was granted 30% of its value, when to be sold (when our son is 18, or any time, when I am re-married/cohabiting).
There was no clean break granted with a note of 1 penny/per year to be paid to my ex. My ex has been in relationship for a long time (she used to deny before), but currently her new baby with her partner is over 8 months old and she finally confirmed(in formal
statements as she is trying to vary the child residence order)that she is moving to the new property with her partner and their baby and she has no intention to work. In actual fact she has already moved to this new house (previously living as well in flat
where he was the owner). Do I have to apply for a clean break before I will marry the other person, or, as my ex is officially cohabiting, I would not have any more financial problems in future?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much do you earn (roughly)
Customer: replied 2 years ago.
around 12000/year
Expert:  Clare replied 2 years ago.
Then you have little to worry about in terms of the nominal maintenance order given that she has already had a baby with the new partner.The cost of applying to discharge the nominal maintenance would far exceed the benefitI hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
What about my partner's income (high) who is going to be my wife shortly and a property we are going to buy soon,( as selling mine and my future wife's property) and any future possible income, as I am not planning to stay on 12000/year )?
My ex is a very unstable in relationship person, so what if she is on the street and seeking support in future? Is this possible, or not in view of her existing cohabiting right now?
Expert:  Clare replied 2 years ago.
The income of your new wife would not be relevant in any event.Given that she has clearly moved on there is very very little chance of your ever having to pay maintenance
Customer: replied 2 years ago.
And any properties with my name on should be safe regardless there is no "clean break" confirmed by the court order?
Just to make sure , as you should understand my ex is extremely focused on any money and as well on me ending up "in a gutter". She continues to disturb me all the time with unnecessary text messages and setting up our son against me. So she has not really moved on from a "battle". I was told there is a form E1 (?) to start a formal process with evidence provided? Is this the right way?. I know costs will be there of course, but I just want to have peace as I know who I am dealing with.
Expert:  Clare replied 2 years ago.
Was there not a Capital clean break?
Customer: replied 2 years ago.
No there was not a clean break .
Expert:  Clare replied 2 years ago.
That is strange given the division of the Matrimonial Home - may I ask why it was not dealt with?Do you have a copy of the Final Order I could see?
Customer: replied 2 years ago.
I will send you a copy of the financial order when I am back in London, in Scotland at present. Back on Monday.
Many thanks
Expert:  Clare replied 2 years ago.
That is fine