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Mills and Mills case

(6 Posts)
useless65 Tue 18-Apr-17 10:51:04

I have read some recent reports on the mills and mills case where the ex wife claimed and won additional maintenance years after the original financial order and this has got me nervous that my ex might come against me. My understanding was that my financial order (which was by consent but stamped by the court) was a 'clean break' which meant that neither of us could make claims on the other in the future but I am not sure now. Are there any family lawyers who can help clarify this for me. My order states that there is a transfer of a lump sum from me to him and then says that upon that happening 'neither husband nor the wife shall be entitled to make any further application in relation to the marriage under the mca 1973 s23(1)(a) of (b) ' - is this sufficient to set up a clean break and does a clean break mean that there is no way that my ex h can return for more regardless of his circumstances. Many thanks

useless65 Tue 18-Apr-17 11:02:38

I think that I should say that the full clause states "Upon the W paying to the H the lump sum provided for [above]...the H's and W's claims for financial provision, pension sharing and property adjustment orders do stand dismissed and neither H or W shall be entitled to make any further application in relation to their marriage under the MCA 1973 S23 (1) (a) or (b) " Grateful for any advice. Thanks

prh47bridge Tue 18-Apr-17 12:51:22

In Mills v Mills the ex husband was already paying spousal maintenance to his ex wife. He applied to reduce or dismiss spousal maintenance. She cross applied to increase it. She won. As maintenance was being paid it was always open to either party to apply for a variation.

Your order is clear that neither you nor your ex can apply for maintenance once you have transferred the lump sum. Provided you have made a full financial disclosure you have nothing to worry about.

useless65 Tue 18-Apr-17 14:05:50

Oh that's a relief ! Thank you so much for your help.

babybarrister Tue 18-Apr-17 21:11:28

Message withdrawn at poster's request.

Ikillallplants Tue 18-Apr-17 21:14:27

Cases have been revisited where someone lied on their form E. I take it you gave full disclosure of all assets?

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