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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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I am separating from my husband - NOT divorcing-and

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Hello - I am separating from my husband - NOT divorcing-and I have heard about a 'Clean Break Order' - do we have to do this now to sort out who has what and any payment I am making to him? I will be staying in our house, - mortgaged - but he will still be contributing to that. I have all the relevant forms from Land Registry to transfer the deeds to me. I have seen online the Clean Break as a package to order & complete - are these the correct procedure to be followed? Thank you
Hi, thank you for your question. You will not be able to proceed with a clean break order unless you issue divorce or judicial separation formally with the court. If you do not wish to do this then you can enter into a separation agreement - it does not hold the same weight as a formal clean break order, but a court will consider this if there are issues in the future or you decide to pursue a divorce.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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