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Divorce/separation

What does a clean break order actually mean?

2 replies

FaithLoveandHope · 27/03/2016 09:06

Hi All, DP and his ex have been divorced for a few years now. At the time they didn't get a clean break order. I'm not entirely sure why not tbh, DP says it's because his ex said if he wanted it he would have to pay for it and he'd already paid thousands trying to get a divorce. I don't really understand what it means though? He has said if he comes into a large inheritance then technically she could put in a claim for it and take him to court her share. This worries me due to my life insurance policy, I would want it to go to DP but not if his ex wife can make a claim to some of it. Could somebody please explain to me what a clean break order would actually mean? He pays child maintenance at an amount they've both agreed on in mediation (with periodic reviews) but no spousal maintenance as he was only on just above minimum wage when they split. I don't know if that makes a difference at all?

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Minime85 · 27/03/2016 16:38

Need a sealed court order called a consent order from the courts. Need to declare where you live and earnings and pension.

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suzywuzy47 · 29/03/2016 15:57

Hi, FaithLoveandHope,
A clean break order means that neither party can claim any money from the other at a future time. For example, as you said, coming into a large sum of money. It can be as complicated or as simple as it needs to be, it depends how much money was tied up in the marriage. If it is just things like a pension, then it's pretty straight forward and can be done by yourselves. All your other half needs to do is declare how much his pension would be worth on his death. As would his ex wife. If it's not done however, if anything happened to your other half, his ex wife could claim half of his pension, or any other money associated with his death.
My ex husband wanted one too, as he was terrified l would ask for half the house. I have no intention of doing that.
Hope this helps a little, of you would like to know more, just get in touch.

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