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.
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