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Need advice on Clean Break/Consent Orders

(5 Posts)
KittiKat Sun 10-Jan-16 16:32:50

I am in the process of divorcing my husband. He finally agreed after over 4 years.

When we separated we sold the family home, paid off all debts and then split the proceeds 50/50. Children all over 18 now but at the time we both provided for them as they split their time between two homes.

I used my proceeds to put a deposit down on a property and he rented. He is still renting but has none of his money left.

My question, as it is not that clear on the web, is when we send the forms into the Court, it asks about properties, income etc. Is this NOW or is this when we agreed to the division of assets?

If it was now, I look a lot better off than my STBX as I have a house/mortgage. I want the Clean Break as I don't want him coming after my property in the years to come. I also don't want a Court saying I have to sell my house to pay him some money when I have been sensible and paid my mortgage out of my own wages.

I just want the Courts to agree what we agreed at the time of the split.

Can anyone advise please?

KittiKat Sun 10-Jan-16 17:39:04

Is there no one who has done a Clean Break? I am really worried and confused here.

Shall I just go for the Decree Absolute and not a Clean Break in case the Court says that on paper I am NOW in a better financial position than him? I don't want to lose what I have struggled to provide for myself since the separation and I didn't blow my money like he has over the past 4 years.

I am having to do a DIY divorce as I can't afford a solicitor. The Clean Break Order will be drawn up by a solicitor though as the Court won't accept otherwise.

kittybiscuits Sun 10-Jan-16 17:41:24

Hi, I can't help you with your question but you are more likely to get an answer if you post this in Divorce/separation or Legal.

KittiKat Sun 10-Jan-16 17:55:31

Thanks kittybiscuits. I got it moved from"Chat" to here so if no one can help then I will ask for it to be moved tomorrow, or just give up.

kittybiscuits Sun 10-Jan-16 17:56:48

Oh dear shock - you will get an answer on the others boards. Good luck smile

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