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So I got a DIY divorce but no clean break order ...

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  • So I got a DIY divorce but no clean break order ...

    Hi All

    Looking for some advice/opinion here. Got divorced about 3 years ago. Neither of us had any money at the time and we'd been separated for 3 years so it was all amicable by then and we did the divorce ourselves including child arrangements etc.

    The only real 'asset' of the marriage was a house with negative equity that was in joint names, as was the mortgage.

    So on to now. My ex is getting remarried this weekend and at the same time my own financial position is significantly improving - sorry should have said, initially we had shared arrangements with our son where he lived a week with her then a week with me, worked surprisingly well if you are both willing to work together for your child's benefit, but he now lives full time with me and has done for the last 2 years or so - and this leaves me with 2 issues to deal with. Firstly as we don't have a clean break order could she still subsequently come back to me in the future for a financial claim if she remarries? The second issue is the house and mortgage. There is no real value in it so there is nothing to fight over but it looks like getting her name off the mortgage will be tricky because it seems I have to do a full new application and with my credit rating there is no way I would get one!

    So gals and guys, any ideas, suggestions, opinions or experiences to share that might help?
    Tags: None

  • #2
    Re: So I got a DIY divorce but no clean break order ...

    Just giving this a bump for you! I haven’t got a clue what your legal standing is but I must say it is refreshing to see two people come to such an amicable divorce agreement!

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

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    • #3
      Re: So I got a DIY divorce but no clean break order ...

      Cheers PAWS - I think having nothing but debt to fight over probably helped :-)

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      • #4
        Re: So I got a DIY divorce but no clean break order ...

        Originally posted by L1882 View Post
        Firstly as we don't have a clean break order could she still subsequently come back to me in the future for a financial claim if she remarries?
        Unfortunately yes.

        Originally posted by L1882 View Post
        The second issue is the house and mortgage. There is no real value in it so there is nothing to fight over but it looks like getting her name off the mortgage will be tricky because it seems I have to do a full new application and with my credit rating there is no way I would get one!
        Yes - the only way to get her name off the mortgage is with the lender's permission, which generally involves a new mortgage. I don't think that there is any way around that.

        Originally posted by L1882 View Post
        So gals and guys, any ideas, suggestions, opinions or experiences to share that might help?
        Sorry that the above isn't really of much help...

        Comment


        • #5
          Re: So I got a DIY divorce but no clean break order ...

          No that's great - main thing is to understand where I stand. My particular concern is over a future claim as I have a small share in a business that after many years hard graft is slowly beginning to do well and could in the future have a value that would be worth fighting over.

          As such I will speak to a solicitor about a clean break agreement to protect myself.

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