Get a clean break order

[wellidontseetheissue]

Is there anywhere to get a template for this? I've done fee waivers for my divorce so far and needing to ask for a clean break due to absolutely no assets to speak of from either side.

It should be simple. No house, no car, no savings, no pensions, both in debt with just enough to live on.

can I just say 'clean break please'?

I can't pay a solicitor. I live hand to mouth and it will take a good while to up earning potential.

[peanutbutterkid]

I got a copy of my friend's and cut it down to just our situation.
I then needed to then do something complicated so never used it.
But that's my suggestion, ask around people you know IRL if someone will send you theirs.
I never found a template online.

[wellidontseetheissue]

@peanutbutterkid

I got a copy of my friend's and cut it down to just our situation.
I then needed to then do something complicated so never used it.
But that's my suggestion, ask around people you know IRL if someone will send you theirs.
I never found a template online.

Oooh well done you, that's resourceful! So it CAN be done, I was told it was not possible.

May I ask, do I need to get him to agree to give me his income?

[Xenia]

Also a court will not approve it unless it is reasonable and fair so make sure the terms are. If they aren't you both may have to go to court and explain to the judge why you agreed it in the terms you did. If you are in England you can probably get an example on a googe search. Make sure not even £1 a year is payable in spousal maintenance as if it is then later the other person can come back to court even 20 years later and ask for more. Make sure you both disclose everything to each other too which is financial including value of any work pensions.

[peanutbutterkid]

There is a free form you can use to list every asset & income ... D81? All assets & income. You both use the totals on that form to make the declarations for the consent application. But if you don't have his income numbers, It sounds like you are splitting under the old (blame) process not the new 'no fault' process?

[peanutbutterkid]

It takes weeks to get pension values out of some providers, so you need that form to tell you what to include and get the numbers all listed.

Your car values matter, too.

[INeedAnotherName]

May I ask, do I need to get him to agree to give me his income?

What?

[Xenia]

When you say give his income do you mean give you details of what his income is or pay you his income (ie spousal maintenance)?

[Appleofmyeye2023]

@peanutbutterkid

There is a free form you can use to list every asset & income ... D81? All assets & income. You both use the totals on that form to make the declarations for the consent application. But if you don't have his income numbers, It sounds like you are splitting under the old (blame) process not the new 'no fault' process?

This is not a form you “can”use.
A legal financial declaration is needed to be made and signed by both parties. The court will not seal a financial order/consent order of any type without it. This is a legal requirement- failure to correctly and fully complete it before signing is a criminal offence - 2 criminal offenses potentially.

whilst there are some cases of people going “off piste” and using a form that isn’t exactly the D81, it’s pointless to come up with your own as all the information is still required, and you still have to sign the legal bit - which would need a solicitor to write up.

Form E is often the easiest place to start, as it is more detailed and more space to list out individual assets and ensure you have everything correctly valued. This can then be summarised into D81.

ADVICE NOW guides (link at top of board) available that walk you through how to complete them correctly and fully. You don’t need a solicitor unless you think one of you is going to deceitfully hide assets, or you have complex financial affairs like a business.

[Appleofmyeye2023]

Go to ADVICE NOW guides at link at top of page.

they are brilliant. Read carefully

tyou need to understand how “ fair settlement “ applies to you both, the court can’t “ seal” ( legalise) without those criteria being met.

do not make an agreement without a full legal asset declarations being completed and signed by you both- even if you have nowt. ADVICE NOW guides tell you what you must include

do not rely on a non sealed ( legalised) piece of paper . It is worth nothing at all, and has no legal power. You must get a consent order sealed. This is to protect your future assets. You may be amicable now when you have nothing, but could avoid lengthy painful court case later if you accumulate assets and he doesn’t ( like your pension). Do not risk this

[Appleofmyeye2023]

Whilst you can draw up a written consent order yourselves, because it has to be legally watertight language for the court to “seal” it, you are almost certainly going to need a solicitor to “draft” into legal speak your own version.

ADVICE NOW has list of solicitor that will do just the tasks you need - this would be one of the critical ones. You stand a good chance of any document you write in non legal language being rejected by court as it’s too legally ambiguous for them to “seal” - you’ll then have to pay all court cost again to get it resubmitted.

if your own version in layman terms is clear, concise and precise, then a solicitor shouldn’t charge for more than 2 hours to do the legal draft version.

[Portypoty]

I agree fully with the OP... surely it's a simple document... Yes it is and NO you don't need a solicitor unless you have assets to split, children under 18, require spousal maintenance or the need for pension sharing.
As long as you both agree, You will need the D81 & form A, you don't have to give any supporting evidence along with it. You do not have to attend Mediation 'MIAM' because it is for a consent order.
Certainly NOT Form E which is completely unnecessary and requires a lot of supporting evidence. This for couples that do not agree.
There are examples out there but they are never complete.
I am in a similar situation with a very amicable divorce and just need a Clean Break Consent Order to send in after we get the conditional order. We have completely separated and own (outright) everything we once shared... 50/50, right down the middle. So I have given it a try, this is my draft order attached and I think it has all the 'legal' clauses anyone should ever want BUT without a comparison it's difficult to confirm. Have I gone too far with the preamble? Is there a slight wording problem? Do I want to pay someone £300+ to just write the same thing? Nope 🙄
Is there anyone reading this that may have one that can share an 'actual' draft consent order?

[OneFancyWriter]

hi, i am also looking for a draft copy for clean break consent order. my understanding is if both party agrees then only D81 and form A needs to be done along with the consent order.
does anyone has a example copy for a clean break order?

[Portypoty]

OK, so I have now completed my divorce and clean-break proceedings.
I simplified my draft consent order (took out the preamble) and it was approved by the Judge without any issues at all.
The whole process is very simple and YES, you just need form A and the D81.
Ensure the D81 'balances out' (near enough) or include a consensual reason for any imbalance.
No supporting financial evidence is required.
We signed 3 copies of each document, kept one signed original set each and sent off the remaining signed original set
I did the whole thing without a solicitor, just asked my ex to sign on the dotted line. She was very happy to avoid the extra legal fees! 😉
Attached is my draft consent order (redacted) so you can use it IF you both consent to a clean break.
Draft consent order

[OneFancyWriter]

@Portypoty

OK, so I have now completed my divorce and clean-break proceedings.
I simplified my draft consent order (took out the preamble) and it was approved by the Judge without any issues at all.
The whole process is very simple and YES, you just need form A and the D81.
Ensure the D81 'balances out' (near enough) or include a consensual reason for any imbalance.
No supporting financial evidence is required.
We signed 3 copies of each document, kept one signed original set each and sent off the remaining signed original set
I did the whole thing without a solicitor, just asked my ex to sign on the dotted line. She was very happy to avoid the extra legal fees! 😉
Attached is my draft consent order (redacted) so you can use it IF you both consent to a clean break.
Draft consent order

Edited

hi, many thanks for attaching the draft copy, its of great help. few more questions if you can answer pls that will be great help.
Ensure the D81 'balances out' (near enough) or include a consensual reason for any imbalance.- what do you mean by this?
I simplified my draft consent order (took out the preamble)- sorry didnt get this one. what preamble you took out?
finally with the form A- which part do we need to tick under 'Nature of Application'-tick the statements that apply. which one should i go for? to proceed with the application in the- which category should i tick pls? i am only looking for a clean break order. thanks @Portypoty

[Portypoty]

@OneFancyWriter

hi, many thanks for attaching the draft copy, its of great help. few more questions if you can answer pls that will be great help.
Ensure the D81 'balances out' (near enough) or include a consensual reason for any imbalance.- what do you mean by this?
I simplified my draft consent order (took out the preamble)- sorry didnt get this one. what preamble you took out?
finally with the form A- which part do we need to tick under 'Nature of Application'-tick the statements that apply. which one should i go for? to proceed with the application in the- which category should i tick pls? i am only looking for a clean break order. thanks @Portypoty

Try to make the D81 financial data balance 50/50 for a consensual order, if it is biased to either party then the judge may question why. It doesn't have to be exact, just appear fair to both parties. Of course, if you both agree to an un-balanced split then put your reasoning on the form.
If you look at my first post I had page 1 with a load of 'agreements' (pre-amble) but this is not necessary unless there is something specific you want to show.
This is my form A.
Notice that I have ticked 'yes' to the final order because we sent the forms in the day after it was given. This is absolutely fine, you don't have to send the forms in before the final order despite what some people may say. It only cost us the £53, no more.

[OneFancyWriter]

@Portypoty many thanks you have been of grea help. few more questions pls. on the draft it says court case number. should i leave that blank? as i dont have any case number. also where do i send my consent order draft, FORM A and D81 i mean does that go to the local family court where i live in or somewhere else? also me and my ex has literally nothing to split between us so do i still need a D81. also just to confirm. the consent order draft, Form a and D81 that all goes at the same time 3 copies each? thank you

[Portypoty]

@OneFancyWriter

@Portypoty many thanks you have been of grea help. few more questions pls. on the draft it says court case number. should i leave that blank? as i dont have any case number. also where do i send my consent order draft, FORM A and D81 i mean does that go to the local family court where i live in or somewhere else? also me and my ex has literally nothing to split between us so do i still need a D81. also just to confirm. the consent order draft, Form a and D81 that all goes at the same time 3 copies each? thank you

Hi OFW, you must have a case number if you have applied for a divorce. You must also have your Decree Nisi (provisional order) or Final order before the draft consent order can be placed on record.
Did you apply on-line?, if so then the case number is there.

The address to send the papers is also on-line, not your local family court

[OneFancyWriter]

@Portypoty thank you very much. yes i do have a case number. i am fully divorce. so i will use the same number which i was given while going through my Divorce, got it. last time ie during divorce proceedings i did it via post. o D81 it says- For litigants in person Please send your completed D81 form, with a completed Form A, together with the consent order to: HMCTS Financial Remedy Service PO Box 12746 Harlow CM20 9QZ. is this where am i sending my paperwork.
also on D81 why do we have Net income section twice ie 9 and 11? can you pls advice on that too that would be great. thanks again for your guidance.

[Portypoty]

@OneFancyWriter

@Portypoty thank you very much. yes i do have a case number. i am fully divorce. so i will use the same number which i was given while going through my Divorce, got it. last time ie during divorce proceedings i did it via post. o D81 it says- For litigants in person Please send your completed D81 form, with a completed Form A, together with the consent order to: HMCTS Financial Remedy Service PO Box 12746 Harlow CM20 9QZ. is this where am i sending my paperwork.
also on D81 why do we have Net income section twice ie 9 and 11? can you pls advice on that too that would be great. thanks again for your guidance.

Yep that's the correct number and address to send all the paperwork.
You have to complete both sections because they are the 'before' and 'after' any financial settlements. Because you (an indeed us) have already split all assets they will just show that the financial order doesn't 'change' anything, it just draws a line in the sand to prevent any future claims

[OneFancyWriter]

@Portypoty

Yep that's the correct number and address to send all the paperwork.
You have to complete both sections because they are the 'before' and 'after' any financial settlements. Because you (an indeed us) have already split all assets they will just show that the financial order doesn't 'change' anything, it just draws a line in the sand to prevent any future claims

@Portypoty thank you very much for all of your help. unfortunately now my ex is being very uncooperative and wants all the paperwork ie consent order etc to be done by a solicitor, so thats all hardwork gone down the drain and i have no option but to go to solicitor and probably pay 1000s now. but i really appreciate your help so much.

[Enforcer2067]

Hi. @Portypoty . This is awesome and very useful..can I ask a question . On the form A what did you complete for section 2 and the requirement for MIAM. I don't think you needed to have a miam if it is a joint consent order. So was wondering do I tick the claim exemption to miam if so what did you state the reason was ..many thanks

[Portypoty]

Hi Enforcer2067, yes you just tick exemption from MIAM as you are both consenting. So tick yes for exemption,
...then tick 'other'
....then tick "the application would be made without notice (Paragraph 5.1 of Practice Direction 18A sets out the circumstances in which applications may be made without notice.)"
All the very best