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Divorce and agreed financial settlement/clean break

(3 Posts)
Leybournelass Wed 29-Jul-15 23:38:12

I know court can overrule this but it will never get there (fingers crossed). ExH prepared to walk away from marriage for a fixed amount in final settlement cos he want hard cash now. The amount he wants is significantly less than what he could ulitmatley get from me. I want this as house in my name, I have a bigger pension etc. I want solicitor to draw something up saying payment is in full and final settlement/its a clean break etc etc although I know under FDR court could overrule this. Anyone done this before/anyone any experience of this/any draft wording for the agreement. The way I see it if I give him the cash now he may well walk away and never come back for more, and ulitmatley if we end up in court he gets what he is entitled to less the payment I give him now. This may be a chance to secure my future. He has no assests/no inheritance due ect so nothing expected to come out of the woodwork.

prh47bridge Thu 30-Jul-15 01:16:37

Why aren't you divorcing and getting a consent order? That would seem to be the logical thing to do. As long as the order is drafted correctly it would guarantee that neither of you could make any further claims.

RedDaisyRed Thu 30-Jul-15 09:17:30

I agree with prh. Why would you do something that could be over turned later? If you really really don't want a divorce ever such as for religious reasons then you can do a judicial settlement intead which simialrly is legally binding but that is very rare.

You don't need any hearings at all for the divorce and financial order. We had none - just agreed the consent order our lawyers approved and court sealed - clean break no future claims.

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