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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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I have my decree nisi and am waiting for the 6 week period

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Hi,
I have my decree nisi and am waiting for the 6 week period to expire to apply for the absolute. Myself and my ex would like to create a clean break financial order as we have no assets that need to change hands but would like to protect ourselves from future claims. As we literally want nothing from each other, what's the simplest way to achieve this? Thanks

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

You both have no property /savings /pensions?

Customer: replied 12 days ago.
We split 7 years ago and I have subsequently bought a house with a new partner, have some debt and a small pension, she is renting, has savings and is paying into a teachers pension.

As part of the divorce process, to draw a line under the finances you will need a financial order.

The courts will not get involved in marital finances unless divorce or legal separation proceedings have started.

Remember that the divorce itself is not that expensive, if you use solicitors, it is arguing over money and children which costs the big bucks.

And here is some reading on applying for a financial order.

https://www.lawteacher.net/cases/financial-matters-on-divorce.php

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

That’s what happened here when the spouse popped out of the woodwork years after the divorce, when there was no financial order.

https://www.dailymail.co.uk/news/article-3634949/Victory-hippy-millionaire-s-unemployed-ex-wife-wins-500-000-share-fortune-money-decade-broke-up.html

and here

https://www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

You can agree what you like between you, then it really is a case of putting the application into the court and the judge will rubberstamp the arrangements you have agreed.  Otherwise it’s a potentially expensive argument.

Here are some notes from the government

https://www.gov.uk/government/publications/i-want-to-apply-for-a-financial-order-d190

On applying for a financial order

This is the form you need to start the process: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885814/form-a-eng.pdf

And how you go on from there depends on whether you agree with what is happening with the finance or whether you are going to have an argument.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 12 days ago.
Is a financial order the same as a clean break order?

Not all financial orders are clean break orders.

Spousal maintenance.

Child maintenance.

Are  financial orders.

It can be done by consent or it can be done by order of the court.

Consent order still gets rubberstamped by the court.

Clean break means that there is no ongoing payment such as spousal maintenance although child maintenance is normally dealt with completely separately.

Customer: replied 11 days ago.
if we want a clean break with no ongoing payments etc what do we need to do?

Everything you need to know is in the link that I sent you earlier:

this is on the basis of course you both agree what’s happening.

https://www.gov.uk/government/publications/i-want-to-apply-for-a-financial-order-d190

this

You need to start by completing Form A.

https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

and D81.  Both of you complete and sign that form.

https://www.gov.uk/government/publications/form-d81-statement-of-information-for-a-consent-order-in-relation-to-a-financial-remedy

Here is a little reading: https://www.mediateuk.co.uk/the-ultimate-guide-to-a-financial-consent-order/

And more

https://www.iflg.uk.com/sites/default/files/making_consent_orders.pdf

You need three copies of the draft consent order, one signed by you, one signed by your ex and one blank one.

You can buy templates of consent orders quite cheaply: https://www.netlawman.co.uk/d/consent-order-pack-financial-settlements-divorce

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