Clean break divorce possible

[Flutterby63]

About to embark on a divorce. We've been married 5 years and I found out soon to be ex was a gambling addict, bankrupt and then stole from employer. He's out of prison. House sold, part of the equity has gone to me, the rest to pay off his debts based on court decision. No further assets left.

I'm in a very good job, he isn't (possibly unemployed). He is still in huge debt which he has to pay off at some point.

We both want a clean break divorce (separated 2 yrs) but do you think a court will allow it?

I will speak to a solicitor but just want to get an understanding of what could happen first.

[madcatladyforever]

Yes I got one. Solicitor didn't like it but I insisted so he drew it up and the judge rubber stamped it. It was totally in my favour.
Depends on the judge though, some question it, mine didn't at all.

[Otter71]

If the assets have been divided without any financial order I would would suggest you make sure there is evidence of agreement it was fair and get one drawn up. Risk of him deciding that what you have left is all the marital assets rather than just your share if you don't...

[beckyoz31]

Yes really important to get a signed agreement. The assets and debts) of marriage are calculated from a named date. If that date changes and the assets have changed in meantime, then what you now have between you will be the assets. I’d get legal advice quickly.

[Flutterby63]

Thank you. There was a court involved regarding the house sale (as he had to pay back those who'd stolen from). We've discussed it and he agrees to a clean break given all the stress he put me under.

I definitely will get an agreement drawn up but my question was whether a judge would likely agree it is fair or whether they could still say I should continue paying him because I am earning far more than him.