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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My Ex-wife and I got married on the 26th January 2014 in Pakistan

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My Ex-wife and I got married on the 26th January 2014 in Pakistan and she entered the UK on the 1st April 2014 and we separated on the 7th July 2014, so we were together for only 3 months and 6 days really in the UK. She is trying to claim asylum to my understanding.
Today I received a DRAFT 'Clean Break' consent order agreement and a D81 - Statement of Information for a Consent Order from my ex-wife’s solicitor, so it is not a final version.
This draft 'Clean Break' consent order agreement has been signed by my ex-wife, but not by her solicitor? It states that neither my ex-wife nor I take will be able to take each other’s assets.
Her solicitor is saying that I need to fill in the D81 - Statement of Information for a Consent Order, as well because without this the 'Clean Break' consent order agreement cannot be submitted to the court on its own.
The D81 - Statement of Information for a Consent Order is a blank form and my ex-wife has not populated her parts of the document.
My questions:
1) Do the two consents forms mentioned above have to be submitted together and will the court not be accepted either form otherwise?
2) Her solicitor asking me to fill in the blank D81 - Statement of Information for a Consent Order form, is this a gimmick to uncover all my finances and then to claim against these?
3) As the “clean break” consent order in our case is in draft should I not be asking my ex-wifes solicitor to finalise this and to send us a copy?
And only once we have a finalised clean break consent order we should go ahead and populate the D81 - Statement of information for consent order in relation to a financial remedy modestly, so they can submit the two?
4) Or is it a case that once I sign and send back the DRAFT clean break consent order to her solicitor there is no way to back track for both parties?
5) Or is it a case that the “clean break” consent order has to be submitted to the court and only then can neither party back track as, it is accepted that an agreement has been reached?
6) I read on a websites that the D81 - Statement of information for consent order in relation to a financial remedy just has to be filled in order for the Judge to quantify that a fair decision is being made for both parties, is the right?
7) If they are unwilling to sign and send both consents back then is the only route open to both parties is the court hearing?
Thank you for your question. I am a qualified family solicitor.
In response to your questions (as your numbering)
1. The consent order has to be submitted with the D81 form to court simultaneously.
2.No, this is not a "gimmick" to get you to disclose your assets, it is required by the court.
3. No need for them to provide a "final" copy, the draft is fine if agreed between parties. It will become a final order once approved by the court.
4. + 5. Completion of the D81 can happen before agreement of a consent order to find out financial position of both parties before negotiations as to terms of consent order begin. It is advisable that you seek full and frank disclosure before you enter into a clean break consent order in order to know her full financial position before relinquishing your right to make a claim for financial relief. Once agreed and signed in good faith, if a party goes back on agreement the other party can make an application to court to enforce agreement as an approved order.
6. Yes that incorrect but it can also be used to begin negotiations about the finances.
7. Yes, if no agreement can be reached then either party can pursue an application to court under Form A - provided they comply with mediation requirement or are exempt.
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