Clean Break Order

[shimeld]

Hi.

My daughter is going through divorce and the NISI has been pronounced. She was the one who left and started divorce proceedings. Absolute is due soon.

She has today received an email from her solicitor stating that her Ex is petitioning for a Clean Break Order. We cannot understand why he is doing this because they both agreed on the assets split and both have received there own share of the assets of the former relationship. There has been no claim from either side for further assets since.

She has no intention of seeking a 'Spousal Maintenance Order' however there is a child involved on a 50/50 custody which has never formally agreed to in court. We are worried that he is using this to protect himself from having to pay any form of child maintenance. She has not formally requested child maintenance yet so I have advised her to get on with that.

My daughter is now pregnant to her new partner two years after the breakup and we also wonder if he is trying to absolve himself from financially supporting the new child which of course he wouldn't have to do anyway since he is not responsible for the new child.

Is there any disadvantage to her agreeing to this request?

Any thoughts and suggestions would be most helpful.

Thanks in advance.

[SandraF]

Hi Shimed, a consent order clean break is always recommended after a breakdown of a marriage and especially where there are divorce proceedings ongoing. You have advised that the matrimonial assets have been divided and there are no outstanding assets to be shared among you both, (I believe pensions have also been agreed on). If there is already an agreement in place, the agreement can then be drafted into a consent order for the approval and seal of the court. This means that both your daughter and her husband cannot return to the court to make any further claim now or in the near future regarding any assets that you may acquire. All future claims on income and capital are dismissed including pensions. I would not advise that you agree to clean break consent order if you both have pensions and this has not been discussed as to whether or not it should be shared. There is no clean break on child maintenance, is only on income and capital. I hope this helps and I recommend that she speak with her solicitor to advise her further as the solicitors have all her information on file. Hope this helps and keep us updated.



"Although I am a family lawyer, any advice given on this forum should be taken as guidance only and not to be applied to your specific circumstances. If you are in any doubt as to your legal rights, I recommend that you seek independent legal advice from your lawyers near you"

[shimeld]

Thanks for the reply.

We have now realised that nothing sinister is involved with the ex husband's request and we have advised my daughter to do the same when funds allow.

[SandraF]

Ok, good luck and hope it goes well.