My wife and I are getting divorced and are in agreement that I pay her a lump sum in order to get a clean break - but we are warned by both our solicitors that this would be a dangerous move however they will not say why. Is there a legal process in the UK for us to do this - and why are our solicitors advising against it.
Lump sum offer for clean break
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I don't think there is enough information here as you don't say if children are involved or whether the lump sum is reflective of an even split 50:50 of marital assets... but personally (from current experience), be wary of lawyers advising against what you and your wife both already agreed on!
Lawyers make money by encouraging dispute
If you are both in agreement - there is no real need for lawyers to be involved and you can do the divorce yourself online!
hope this helps
speaking as someone who has spent £56k defending allegations made by my ex and trying to get divorced!
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ULA Celestine A lump sum offer for clean break could end a relationship from a financial perspective. However, it is important to note that if the financial circumstances change for one party once a clean break order has been made, then the other party will not be able to make any claim. This could be a potential reason why your solicitors are advising against it.I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.
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it is usual as i found out to have an agreement signed up "Stating there is no further claim as any future entitlement to monies/property/ or any attachment to the other party after final divorce agreed" type entry! cover inheritance/pensions (unless as per pension ruling) etc etc.
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