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Do I need a clean break order?

(11 Posts)
TutanKaDashian Sat 23-Apr-16 08:33:00

I divorced 8 years ago and am happily with a new partner who is going through a divorce. He is about to apply for a clean break order and it has got me thinking, should I have got one? I had never heard of one before now. One would think that a divorce is enough of a clean break but apparently not. We are thinking of buying a house next year and my ex is spiteful enough to come and try to take half of it.

Collaborate Sat 23-Apr-16 09:18:14

If you divorced your ex and he has since remarried then you need do nothing, unless you want him to have no legal right to claim against your estate in the event of your death. A Respondent in divorce can't bring any financial claims against the Petitioner if they've remarried.

TutanKaDashian Sat 23-Apr-16 17:10:29

No he hasn't remarried. So, does this mean I should be concerned?

prh47bridge Sat 23-Apr-16 19:57:35

Did you get a consent order or any other form of order setting out the financial details when you divorced? If you did that almost certainly includes a clause preventing either of you from making any further claims. That is all you need.

TutanKaDashian Sat 23-Apr-16 21:57:10

Not sure about any orders tbh. I will look at the papers tomorrow.

runningincircles12 Sun 24-Apr-16 18:00:47

Technically his potential claims remain 'live' until they are dismissed by the court (or he remarries). If you did the divorce yourself or got a fixed fee package from a solicitor, I can well imagine that you don't have a clean break consent order.

The clue is in the name- he would need to consent (although it benefits him too because your claims against him would be dismissed too). If he is spiteful though, he might not do this . In that case, you would need to decide how much time/money you have to throw at it, as you could apply to the court for an order dismissing all claims (would be a normal order for financial remedies).

In reality, if he made a claim against you now after 8 years in respect of your share of a house that you have recently bought with DP, he would not get anything. It would only be a risk if you kept any marital assets (such as the home) when you split and he alleges that he should have a share. Even then he would be on dodgy ground after all this time.

So I guess my advice is not to worry too much about it (unless you plan on winning big on the Euro Millions and even then it's not a dead cert he would get anything).

babybarrister Sun 24-Apr-16 18:14:41

Message withdrawn at poster's request.

runningincircles12 Sun 24-Apr-16 19:38:58

Yes, that's true (although H became a multi-millionaire in that case and they had children). I guess you could self-represent if he doesn't agree and it would be relatively straightforward if there are/were no assets.

babybarrister Sun 24-Apr-16 19:56:02

Message withdrawn at poster's request.

TutanKaDashian Thu 28-Apr-16 16:31:21

Looks like I will have to talk to him about it.....bloody hell I hate that man so much. Not looking forward to it.

Northumberlandlass Thu 28-Apr-16 16:34:23

I am not divorced yet, but we had a separation agreement drawn up which was the financial closure of the marriage and H signed it preventing any further claim on my assets.
It was recommended by my solicitor.

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