Clean Break Order

[Pioneer11]

I have been reading news regarding clean break order/consent orders from ex’s & I am now concern, can someone please advise?

Could someone please advise/share experience. Any help much appreciated!
Can you please advise if my ex can ask for share in my properties & savings as we haven’t had clean break order drawn while divorcing in 2008.
If answer is yes, can I apply for clean break order now and what are the chances that court’s permission?
Do I need to list out my properties and savings while applying for Clean Break order?


Thanks all in advance and hope I have satisfying answer soon.

[slainte caragh]

Tagging Ula and pt2537

[ULA]

Sorry not my area of expertise but Peridot may be able to help.

[slainte caragh]

Thanks for looking Ula

[Peridot]

Hi Pioneer11,
Just to clarify when you divorced in 2008 did you and your ex have a financial order made separating your assets on divorce. If so what if any potential claim(s) were left open such as spousal maintenance.

If no financial settlement was made what arrangements did you come to with regard to division of the assets? Is it documented somewhere? Has your ex indicated they may make a claim to settle the finances of the divorce? Are you just worried as you have read something or has there been an indication your ex would do this?

Even if a claim were made to settle the finances the fact you have been apart since 2008 will come into play. Everything would be in the pot so to speak, it is then necessary to look at the s25 factors as to how the assets should be divided. The factors include things such as length of marriage, children, earning capacity of each party etc. Here are the factors the Court would look at:- http://www.legislation.gov.uk/ukpga/1973/18/section/25

The fact that you have been independent of each other since 2008 will factor also. You may be panicking unnecessarily particularly if there has been no indication from your ex that a claim would be made. It is of course sensible to have matters finalised once and for all but please try not to worry. Everything would be taken into consideration if a claim happened including the fact that no claim has been made in the preceding 10 years since you divorced.