From what I understand a clean break doesn't include child maintenance which would continue to be paid. Clean break means no money owed by either party to each other or no debts or property in common. Hope somebody else can confirm this or explain further.
When my mum and dad split this idea was floated. Mum got everything, but couldnt claim spousal support or child maintence. It actually turned out to be non enforceable. Or rather he was advised it wouldnt be enforcable and mum could still claim cms.
Not that dad minded. They split the assests in mums favour and he paid above the minimum cms anyway.
FDR was yesterday, not sure I understand the order, which bit refers to it being a clean break?
There's one paragraph that reads "Except as provided in this order the Respondent's claims for periodical payments orders shall be dismissed, and she shall not be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act..."
I think that bit only refers to spousal maintenance. I if your children are only young don't sign away all rights to child maintenance unless you are getting a sizeable sum. Are you getting the marital home paid for or just taking on the mortgage and therefore actually getting very little ?
Yes it omay refers to spostal maintenance, you wouldn't be able to make a claim in future. It doesn't impact any child maintenance claim, although if an amount for cm is included in the order it can't be changed for 13 months.
Just to be clear, on the child maintenance front if neither of you goes to the CMS the terms in the order will stand. However, it is almost certain that in 12 months either of you can ask the CMS to step in and their calculation will then replace the court order.
Wishingandwaiting - It is very unlikely babybarrister will want to say whether or not your settlement is fair. Your solicitor is best placed to answer that question.
You can apply to CMS a year after the order is made however if you do he very well may go back to court to say you never had any intent to follow the order and ask for some of the capital back. It won't exactly make for a happy start to coparenting either. I'd make a settlement in good faith.
God, this legal stuff is such a jungle - so many variables!!
So, on the child maintenance I think I'm clear on that I COULD go to CMS and ask for them to take over after a year of circumstances change.
Regarding the spousal/clean break, just want to double check again (forgive me for being slow); that paragraph I referred to above...does that mean a clean break between me and exH? So none of us can make any claims on each other ever again?