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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Abusive ex is refusing clean break order for divorce. Anyone well educated on divorce with advice at all?

33 replies

userzH · 31/01/2024 16:42

I'm getting legal aid and have no money to fight this.

Ex is an awful nasty human being.

He is refusing to do a clean break order. Refusing to hand over any documents my solicitor has asked for.

My solicitor is great however they are extremely slow at replying to my emails.

Can anyone advise what I can do about this? Would legal aid cover me to take it further?

OP posts:
mrsfollowill · 31/01/2024 21:40

Does he really understand what a clean break order is? A friend of my had this issue with her ex- in the end she said to him do you realise if YOU win the lottery I can come and claim from you? If he is a gambler he must be hoping for a win. Her ex wasn't the sharpest tool in the box but that drove it home to him how it was the best deal for the both of them.

AutumnFroglets · 31/01/2024 21:46

It is something that I've recently learnt tbh. I chose my car, everything is in my name, he says it's my car...but legally because he can provide the financial documentation in his name it is his. The deposit, the loan/credit card is all in his name. Whoever pays, owns it, unless there is a legal document transferring ownership. And no, that's not the V5, it's a solicitor letter signed and witnessed since he's a wiggly abusive so and so.

You could offer to pay the remaining but get him to transfer it over legally with a bill of sale.

userzH · 31/01/2024 21:58

AutumnFroglets · 31/01/2024 21:46

It is something that I've recently learnt tbh. I chose my car, everything is in my name, he says it's my car...but legally because he can provide the financial documentation in his name it is his. The deposit, the loan/credit card is all in his name. Whoever pays, owns it, unless there is a legal document transferring ownership. And no, that's not the V5, it's a solicitor letter signed and witnessed since he's a wiggly abusive so and so.

You could offer to pay the remaining but get him to transfer it over legally with a bill of sale.

Thank you - that makes sense.

I did have a different solicitor tell me that because the reciepts are in my name with my signature then the car belongs to me.

But again I guess that means nothing. The car is still worth a fair bit to be fair - we bought it during covid and got a really good deal so while its gone down in value, it's still worth way more than what's left on the loan.

I'll have to wait for my solicitor to contact me and go from there. I could hand it over to him however I don't even consider doing this if he agrees to sign the clean break order and pays his maintenance with it back dated.

OP posts:
userzH · 31/01/2024 22:00

mrsfollowill · 31/01/2024 21:40

Does he really understand what a clean break order is? A friend of my had this issue with her ex- in the end she said to him do you realise if YOU win the lottery I can come and claim from you? If he is a gambler he must be hoping for a win. Her ex wasn't the sharpest tool in the box but that drove it home to him how it was the best deal for the both of them.

Well I have tried to explain it to him as best I can through a text message without speaking too much.

I think he knows that one day I may get a large inheritance and that's why he won't sign.

I did tell him I'd never take him for any money however if he did happen to have a big win now - I'm going for half.

It does make me wonder if that's why he's refusing to give his bank statements though.

OP posts:
Qweni · 17/04/2024 10:56

Hi,
I am going through clean break order now. I have paid about £300 the first payment and going to pay my solicitors about the same after is done. But you can shop around. Prices vary. It takes time but is worth. My solicitor is based in Manchester. Papers are now in court after couple of months of collecting documents etc so waiting for the decision.

SensualDecay · 17/04/2024 11:20

I got divorced without a clean break/financial order because my ex husband was uncooperative, although I have now completed both the divorce and the financial order. I did everything without lawyers and managed to get a good amount of the marital assets. Court hearings were conducted remotely and I found the judges to be very supportive and careful to make sure I wasn't bullied or coerced during the proceedings.

You can do this!

Youcannotbeseriousreally · 17/04/2024 11:24

Qwertyyui · 31/01/2024 16:58

I guess the question is why you want the clean break? I've never gotten one but I also know financially the other party is deffo going to be better off. Once he remarries as well I believe it stops him being able to claim your funds? I didn't even know it was a thing as I divorced online the first time and will likely do the same the second time! x

Oh my god , of COURSE you need a clean break. Otherwise at ANY, yes ANY point in your life they can chase you for any inherited money, lottery wins any income they like and also you’ll be in a tricky situation re debts too.

you are MENTAL to not get a clean break!

Spirallingdownwards · 17/04/2024 11:34

There is now provision that any inheritance received after a split should not form part of divorce settlements.

Even if he does not want it you can push forward to court for a clean break and generally this is what courts will order. As frustrating as it is time wise keep pushing forward with the lawyers.

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