Clean break order

[MismatchedStripySocks]

Really hope someone knows the answer.

So, DH and ex have been trying to sort this out for two years now with her being very difficult. There was literally nothing to argue over, no property, pensions etc. DH has paid all their debts and agreed to pay the final £1400 if she would sign the clean break. In court, she finally agreed. Hallelujah!!

Anyway, we sent in the signed clean break with a covering letter stating that we would like it reflected in the wording of the cleanbreak that the debts had been marital debts, not just his. This is because she constantly goads him and says they weren’t hers to start with.

Six weeks goes by and nothing. We then hear that the judge wasn’t going to proceed with it as they aren’t divorced (they are) and the request on the covering letter would change the meaning of the order

They now have to go to a directions hearing in 2 weeks but no one can tell us why. Any ideas?

[prh47bridge]

Because your husband has requested a change to the order, so you no longer have an agreed order.

[MismatchedStripySocks]

Is it a change though?

Plus he has already said to just ignore the letter. Don’t understand.

[Kandana]

It is a change to the agreed draft consent order, it's also point-scoring and has no bearing on the (previously) agreed financial settlement.
With hindsight, it was foolish to include the letter.

[MismatchedStripySocks]

I suppose Never thought of it like that when we put the letter in there. We are so beaten down by it that we don’t even care anymore. This is why the court system gets clogged up. Can’t believe the judge thought DH was still married though

[carolinegoescrazy]

It's very frustrating but you sometimes have to rise above it for your own wellbeing. My DH2B has to pay a large monthly sum, well in excess of CM just to get rid of his ex. We view it as a charge to get rid of her and it's worth it to be honest! She doesn't deserve anymore than the one child maintenance payment but it's a price worth paying. She'd already tried and failed to get her hands on inheritance so at least we know she didn't get it all her own way.

Try and move on, get the papers signed and don't rock the boat, it's worth it in the end.

[MismatchedStripySocks]

We genuinely didn’t think it would matter but I suppose if this is what it is (which we don’t know) we will have to suck it up. Just itching to buy our house

[MismatchedStripySocks]

The financial order was rejected due to them being married but I 100% know they aren’t as I was there when the registrar checked the paperwork in order to give our notice. I was also there when he received all of the paperwork to finalise the divorce. I think the judge just didn’t read it properly as they backed down immediately, not worried that he’s still married.

[Collaborate]

Registrar? Which country is this in?

[MismatchedStripySocks]

Yes he was the petitioner, we are in the UK. I know they can make the order post divorce as the judge did it for me as I was married previously and I was also the petitioner. I guess we will just have to wait this one out. Praying she turns up though. Any idea what happens if she doesn’t?

[prh47bridge]

You can indeed get the financial order post divorce but you should never remarry before you've got the financial order. Your husband needs to consult a solicitor.

[MismatchedStripySocks]

Oh dear We have literally nothing to give her so I am hoping that will be OK. No savings, pensions, property. The two of them only had debt which he has taken on. As he has nothing to give, will getting married make much of a difference?

[prh47bridge]

As I say, he needs to consult a solicitor. A lot depends on the order in which things happened. A solicitor in possession of all the facts will be able to advise whether or not he can get a financial order.

If he can't get an order it will be open to her to apply for an order some time in the future when he has more money. She may not succeed but she can try and the court might award her something.