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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 920
Experience:  LLB (Hons)
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My name nick. ex my wont sign the clean break order there is

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Hi my name nick . ex my wont sign the clean break order there is no money or property involved
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: my ex won'tsign the clean break order there is no money or property involved
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: she lives in bedfordshire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I've tried to explain why she should sign it by the way of text bit get no answer

Hi, I'm Lea

Has the consent order been drawn up within the divorce proceedings - as in, one of you has made a financial application for settlement?

Has there been full disclosure?

Customer: replied 1 month ago.
no I've signed a clean break order and one was sent to her

But is it within divorce proceedings or are you already divorced?

Have you both completed and exchanged Form Es?

Customer: replied 1 month ago.
we are I have the decre absolute

and Form Es?

Customer: replied 1 month ago.
nor to my knowledge

Have either of you made an application for financial settlement on Form A?

Customer: replied 1 month ago.
no

It's quite likely that your ex has been advised not to sign a consent order without full disclosure first. This would be standard advice to anyone seeking such from a lawyer.

Even if she did sign it, the court could still refuse it on the basis of non disclosure, or just checking that each of you have had legal advice and were satisfied with the contents of the order.

I am afraid you are not going to be able to force her to sign it until or unless one of you makes an application to the court using form A, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713394/Form_A_Eng_6.18.pdf

A consent order has to be sealed by a court in order to be enforceable.

Does that help?

SASH_Law and 2 other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
thank you for your help

You're welcome.

All the best.

Customer: replied 1 month ago.
far as I now she has had no legal advice she wanted me to pay .thank you for your help

The court will want to know that you are both agreeing on the basis of having been advised, or being informed that you should each be advised. If you submit the consent order to the court now (with the Form A) the court will ask her that question before sealing any order.

I'm not available to call you, but another lawyer may pick up on your request.

Customer: replied 1 month ago.
what should my next step I guess to book anappointment with a solicitor

Your next step should be filing the Form A.

Customer: replied 1 month ago.
can i do that

Yes, of course.

Customer: replied 1 month ago.
thank for your help much appreciated kind regards Nick
no any

You're welcome.

All the best.

Customer: replied 1 month ago.
where are you and your contact number if that's ok

We're not permitted to give that information on here.

However, if you have future questions you can post them in new threads and mark them for my attention.

All the best.