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plclegal
plclegal, Barrister
Category: Law
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Experience:  Barrister at law
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My ex husband wants a clean break agreement. We have a lump

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Hello, my ex husband wants a clean break agreement. We have a lump sum of £39k from sale of a house held with conveyor. we each have a pension and we share child arrangments 50/50. I am willing to do a clean break to be done with it, but i plan on applying for a C79 to enforce a court order as he does not pay towards daughters nursery as he should. Would a clean break agreement prevent me doing this
JA: What steps have been taken? Have any papers been filed in family court?
Customer: re the clean break, not so far no. when i issued the divorce I issued it with a form A too, for future proceeds in case
JA: Have they talked to a lawyer about this yet?
Customer: he said he has sought legal advice, but I would not necessarily believe it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my financial situation is stressed, his is good. I am due to remarry in Nov 21 so spousal maintenance is irrelevant

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

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Please be patient with me as I am generally assisting multiple customers at once! Thank you.

The issue of unpaid monies from a Children Act child arrangements order is entirely separate from your clean break. The clean break relates to matrimonial finances only. So this will not prevent you from having a clean break.

I would suggest you check carefully before submitting a C79 though and make sure that the commitment to nursery fees is actually part of a court order, not just a recital. By this I mean it has to appear after "It is ordered that". Recitals ("and upon...") aren't enforceable with a C79, they are just records of agreement made at court.

If this is the case you may be better off submitting a specific issue order application on the issue of nursery fees rather than applying to enforce.

I hope that this helps.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Customer: replied 1 month ago.
No that is perfect thank you. If I agreed to do a clean break would we have to go through all our finances or could it be as simple as submitting a letter saying we cut matrimonial ties? The nursery cost is under as a recital so thank you I will submit the C100 for this instead
Customer: replied 1 month ago.
Are they likely to make him pay a backdated amount, if they agree again he should be paying something?

Happy to help. With a clean break you submit a D81 statement of information for the court to check to make sure that the clean break agreement is fair.

It's a short form version of full financial disclosure. The D81 is available on the www.goiv.uk website for information.

As to the backdating it will depend on the judge. If the recital is clear and he has gone back on this agreement then I would hope a judge will have some sympathy for your position.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

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