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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Overseas Husband & Clean Break Order

5 replies

DeeCeeCherry · 31/05/2021 05:27

Hi just searching for advice for DSis, who separated from her H 11 years ago.

They were married overseas, marriage is recognised here but marriage lasted less than a year and she returned to UK without him. No contact since, they don't own a home, no children of the marriage, and husband is untraceable.

She is (finally) going for divorce in UK where she's domiciled, but I think she should also go for a Clean Break Order in case he resurfaces one day and tries to claim from her financially (future assets such as pension, etc).

Not sure if a Clean Break Order is correct document/if it's same as Financial Consent Order? and whether she can even sort this aspect out in his absence.

Any advice appreciated. She just wants to go for divorce and that's it but I'm thinking she should aim to protect assets financially as part of it in case he ever shows up again.

OP posts:
MarieG10 · 31/05/2021 08:51

You might be better posting in Legal section where a couple of lawyers often provide advice

MrsBertBibby · 31/05/2021 09:52

She will struggle to get a financial order if she can't track him down.

She should tick the box in the petition saying yes to wanting a financial order, and just get the divorce done. She will have to make efforts to trace him to prove service, btw.

DeeCeeCherry · 31/05/2021 15:17

Thanks for adviceSmile I'll pass that on

& also take a look at Legal section

OP posts:
MarieG10 · 31/05/2021 21:55

@MrsBertBibby was one of the lawyers I was thinking of in legal

DeeCeeCherry · 01/06/2021 17:36

Thanks MarieG10

OP posts:
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