Ex wont sign clean break

[townsend21]

Hi,

Ive rcently just got divorced with my ex, everything that side of it is complete.

We agreed between us who would get what and she signed a peice of paper comfirming everything she received was a full and final settlement of our divorce.

now it comes to the clean break which is basically just everything she has signed she is saying she will not sign it as we dont need it.

I feel i cant move on with my life without it, i know she genuely doesnt want any more out of me (and same i dont want anything of her) but what if for example she runs into huge amounts of debt in the future or vice versa, im worried i could be liable for all her debt.

Same as in earnings, although she doesnt want anything now what if she hits a bad time in like 5 or 10 years or even 20 years i happen to come into money, can she claim half it?

If i cant talk her round and make her see how important the clean break is for both of us and to really finalise our divorce then what options have i got?

Any genuine helpful advice is greatly appreciated

[BoneyBackJefferson]

talk to your solicitor. When I had my clean break they spoke in terms of pensions, house equity, and unequal earnings etc. being something that my ex could chase.

[Antoniabegonia]

You should have had a financial order in place before the divorce absolute. If it was something you had agreed on as in a clean break, then it should have been put into legal form and lodged with the court. An agreed order is called the consent order.

You are quite right. If you don't have a financial agreement in place after divorce then your ex wife can go to court at an time in the future and request part of your assets. There is no time limit on it.

You need to see a solicitor immediately and hope that the paper she signed will be in some way be legally persuasive as to her intentions.

[tracyreader]

Suggestion: take all your reasons for wanting a clean break from her, and switch them around to being reasons for her to want a clean break from you. Eg "What if I develop a gambling addition like my cousin A.., and run up huge debts, and the bankruptcy court tries to come after your money? What if I hit hard times in twenty years time while you come into a sum of money?"

Maybe emphasis to her the potential loss to her?

[Greengrow]

In England it is as Antonia says it. You need a court order - a consent order which you both agree and the court stamps. We have one - a clean break. My husband wanted maintenance for life (he earns a tenth of what I do) so we negotiated a big enough lump sum to buy out all his claims to capital and income and that was put in a clean break order.

If your wife will not agree then it will have to go to court. Even if it provides for 1p a year maintenance she can come back later to claim more so you really need to ensure that any court order is properly written as a clean break.