Clean break(2 Posts)
Hi, I wonder if anyone has experience of an ex who won't agree to a clean break?
I left the matrimonial home 4 years ago leaving most of mine and my daughters belongings and we agreed to a fixed sum of money so we could get ourselves up and running again...
I got the divorce finalised last year online but am trying to get him to complete the clean break but for some reason he is just avoiding at all costs... He was made redundant last year and got a healthy package and he is still in the home...
I am about to exchange on a house tomorrow with my new partner who is putting up most of the deposit but I'm not sure whether my ex will then be entitled to a stake in the new house and if so does that equally mean I have a stake in his redundancy?
I just want it all finalised and no clue why he is stalling...
Your financial settlement will be based on what is regarded as being in the "marital pot".
His redundancy payment is probably in the pot (so you could be entitled to a share).
As to the new house - what is your share of the new house? Are you going to be joint tennants or tennants in common?
Basically whatever legal agreement you use to purchase the new house will determine how much of the new house you own.
Then the portion of the new house that you own will be part of your marital pot but your new partner's share of the new house will not be included in your marital pot.
You do need to be careful.
Its not really a good idea to be getting involved in jointly owned property with a new partner before you divorce financial settlement is agreed.
If he simply refuses to negotiate or discuss a clean break then in the end you may have to apply to court to force a financial settlement.
This is done using a Form A and does not have to cost a fortune if you do it yourself - rather than use solicitors.
But there is no guarantee as to what the outcome will be.
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