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Do I need a clean break order

(6 Posts)
wearymum73 Wed 15-Jul-15 18:56:22

I have been been granted my certificate of entitlement to a divorce today, and it is in 2 weeks.
I have been doing to divorce without solicitors, and we have a FDR from the court, all agreed with a judge, as he refused to communicate with me, so we are in the process of arranging transfer of the mortgage and a pension sharing annex has been filed.
I have read that I will need a clean break to prevent him having any further claims in the future. Do I need this if I have a court FDR?
The FDR does not state final settlement or clean break. Is the FDR enough to prevent future claims?

Collaborate Wed 15-Jul-15 21:52:58

The FDR is a hearing. It's not an order.

Have you had the FDR and an order was made? Either a final order will have been made or a final hearing set. Your post isn't very clear at all I'm afraid.

wearymum73 Thu 16-Jul-15 09:25:39

Thank you for your reply. Sorry for the confusion.
A order was made at the FDR, no suggestion for a final hearing was made.
I thought this order was sufficient to finalise the finances?
Do I need to apply to the court to implement the order?

Collaborate Thu 16-Jul-15 09:55:01

If you have an order made at the FDR and there's no future hearing set it is usually a final order.

However in your case you haven't yet got decree nisi. That means the court cannot make a final order.

If at the FDR you come to final terms but the judge notices there is no nisi the court will record the terms and ask the judge, when pronouncing the nisi, to make the order at the same time.

You say that the FDR order doesn't mention the terms of settlement. What does it mention?

wearymum73 Thu 16-Jul-15 21:14:46

Thank you for your advice, I thought the FDR order was the final agreement, i didn't realise it needed the decree nisi hearing to make to make it complete.
When I said the FDR order does not state final settlement, I was meaning that it did not say full and only settlement (ie a clean break order), but your adice suggest this can not happen until the decree nisi.
It is becoming obvious to me this is one of the problems in trying to do a divorce without a solicitor.
The order States how the equity in the house is to be shared, this is for a charge back in the future.
Also it states the amount of his pension to be shared.
We have started the process for the house and pension.
Should I delay applying for the absolute until the pension and share order have been completed?
Also when the decree nisi has been granted, will this be considered as a clean break?
Sorry if I am not making things clear, I really appreciate your help

Collaborate Thu 16-Jul-15 21:56:33

The order can't actually be made before decree nisi. If you think the order has been made as opposed to the judge approving the terms of the order (such order to actually be made on nisi) you must notify the court straight away, as otherwise it will have no effect.

Although the order cannot be made until nisi, it will not take effect until Absolute. You therefore cannot implement the pension sharing order until then.

If the judge drew up the order the chances are that it includes a standard clean break. It will, right at the very start, say the order is made in full and final satisfaction of all claims of an income and capital nature... etc (or similar), and towards the end it will mention claims under s23 of the Matrimonial Causes Act 1973. Does it do that?

In the alternative, you may just have what is know as "Heads of Agreement."

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