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Won't sign clean break order

(4 Posts)
Rosapilosa Fri 03-Jul-20 20:44:25

DP and his ex separated 8 years ago. We have been together 6 years and plan to get married next year.

They're disorganised and have taken age to get the divorce sorted. They have a decree nisi being pronounced in a coupe of weeks. She is refusing to sign the clean break order as she doesn't want to 'not be able to claim funds' from DP in the future. Their relationship is extremely acrimonious.

They have a son and we are resident parents.

What happens in these situations and how can my partner sever financial ties? They had no assets when they were together, DP was in debt. He is now out of debt and we own our house. DP will be entitled to a significant inheritance. I'm really v anxious about all of this.

OP’s posts: |
millymollymoomoo Sat 04-Jul-20 07:42:26

He needs to sort it via a solicitor and get a signed clean break consent order
If she won’t agree it will have to go to court and a judge will order it As part of the divorce settlement
However, as they have a son there is a possibility that they could insert a nominal spousal fee ( eg )£1 a tear)which would allow a claim in future but this would usually be within a set time period etc
He needs to sort it properly especially as you now have assets!

Rosapilosa Sat 04-Jul-20 17:16:06

Thankyou @milly

As my DSS's resident parents would we not be entitled to the nominal spousal maintenance?

Sorry this is all v confusing to us!

OP’s posts: |
millymollymoomoo Sun 05-Jul-20 10:21:45

If you are resident parents you’re entitled to child maintenance
His ex may ( and it’s only a may) be entitled to nominal spousal. Probably unlikely and you should push for full clean break. If she won’t agree then you’ll have no choice but to take it to court

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