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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have already received my Divorce Absolute after my husband

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Good day, I have already received my Divorce Absolute after my husband persuaded me to sign the Decree Nisi - he advised me that we would work out all family arrangements (we have 1 son together) and financial issues at a later date before the Absolute was served. This did not happen. He has now issued me with a Consent Order and has asked me to sign it before he will discuss anything regarding our son and his future with me. I do not have the funds for a solicitor and would just like to know if I should go ahead and sign this since we are divorced and have a clean break from him? There are a few debts that were accrued in my name when we were married but other than that there is nothing to split. He does work and will receive a pension but has only been paying into the pension pot for 3 years. We have only been married for 4.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- what debts do you have? were these debts accrued during the course of your marriage?

- how old is your son? who does he live with? have you reached agreement about him spending time with both of you?

- how much does your husband earn?

- how much income do you get?

kind regards

Caroline

Customer: replied 3 months ago.
Hi Caroline, yes he debts were accrued during our marriage. I am currently still paying off a motor vehicle that I purchased in my name for my husband. It has since been repossessed. I also owe money on a property that we purchased together in both of our names and had to sell which left a short fall that I now pay to the bank. Those are the 2 major debts. These are both in South Africa where we lived together before moving to the UK. My husband also agreed to repay my father a loan he was given that enabled us to move to the UK. We split the repayments 50/50. Initially he was making payments but has since stopped.
Our son is 10 and he lives with me. Our son currently chooses to only see his father sporadically and rarely spends a night.
My husbands payslip shows he earns just shy of £30,000 per annum. I am currently receiving benefits from the government due to medical reasons.
Thank you in advance Caroline

Hello

Thank you for your response and for clarifying that for me.

Have you spoken to your ex about the outstanding debts and how he intends to contribute?

kind regards

Caroline

Customer: replied 3 months ago.
He has no intention of contributing at all.

Hello

Thank you for your response and for clarifying that for me.

What you need to know is that you are not obliged to sign the clean break agreement.

In your case although there are no assets, there are debts of the marriage and he also earns more than you. Your ex is trying to devoid his responsibilities by getting you to sign a clean break.

As his income is higher than yours then you could seek spousal maintenance from him. There is no set rule but the court will want to make sure that you are able to meet the needs of you and your son and they can order him to pay spousal maintenance if there is a short fall. You cannot do this if you sign a clean break. The court can also determine if the debt was matrimonial debt and if he should pay you for these.

I suggest that you consider family mediation. Family mediation can try and help you work through such issues without the need for court. Google family mediation in your area and give them a call to self refer. There are charges for mediation but you can still get legal aid for mediation if you are on a low income so call the and ask them to undertake an assessment of your means.

If mediation doesn't work in reaching an agreement then the mediator will sign the form that you need to apply to court.

Again you do not have to sign the clean break and if he wants to pursue this then he would have to refer to mediation and then to court. If he did then the court would consider the position of his income and also the matrimonial debt so he may not end up with what he wants.

You also need to be aware that if you do not resolve the issue of the matrimonial finances now then you are still able to make a claim in the future as long as you have not remarried. This works both ways. So this may be something you want to consider at a later date.

I hope that this helps you.

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Customer: replied 3 months ago.
Thank you Caroline, he is using the Child Maintenance payments as leverage to me signing, I.e. he will pay bare minimum vs he will pay more if I sign the doc.

Hello

There is no leverage in him paying child maintenance so do not be fooled by that. He has to pay the minimum that the child maintenance service (CMS) assess. They have a useful calculator on their website so you know what he has to pay. If he stops paying child maintenance then refer to the CMS and they can enforce the monies to be paid by him such as taking it direct from his wages.

Spousal maintenance is different to child maintenance and only a family court can award you this if you make a claim to court to deal with the matrimonial finances. You cannot do this if you sign a clean break so be cautious and do consider referring to family mediation and to court if he wont agree to pay his share of the debts and support you properly.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Customer: replied 3 months ago.
Thanks for all your advice Caroline

You are very welcome. Glad I could help you. If I can assist you further then please do not hesitate to ask.

If you are happy with my service then please do kindly remember to rate it by using the stars so that I receive credit.

kindest regards

Caroline

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