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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.

Financial Consent Order vs Clean Break Order

20 replies

ducksinarow123 · 03/02/2024 08:27

Help a very confused duck out please.
Filed for divorce last October, can apply for consent order in 4 weeks time. Stbxh have agreed that we want nothing from each other financially (we rent, same earning capacity, same pensions, no substantial assets although long (10+years) marriage) and has asked me to sort out the financial order.
Looking online for a cheap and easy solution and I've come across a company that offers a clean break order for £299, and one that has a consent and clean break order for £449. Trying to keep costs down, is the cheaper clean break order enough or do I have to go for the financial consent order as well?
Thank you

OP posts:
tocontinue1 · 03/02/2024 08:29

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tocontinue1 · 03/02/2024 08:29

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tocontinue1 · 03/02/2024 08:30

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peanutbutterkid · 03/02/2024 08:35

We got our Consent Order & divorced finalised for < £300 with the service you can sign up for, via Wikivorce. +£50 court fee.

But we could have done the last bit of paperwork & applications & final split admin ourselves if we didn't want a Mesher Order, then just the £50 court fee. Except I was entirely confused how to.

I think you file with form D81 but I will confess I got utterly confused, never found a flow chart to explain these final steps.

Can he still claim half of OP's future wealth with the "clean break order"? I did say I was utterly confused about the different names of things.

ducksinarow123 · 03/02/2024 08:35

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Tell me about it.
My pension is better than his. He worked in retail (minimum wage) paying in 3% and employer matching.
I was a TA so have a local government pension (think I paid in 5%, employer paid in 21%). Although he always talked about wanting to buy a house, never actually sought promotion/better paying work.
Rent social housing, 2 dc together which we have a 60/40 split

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tocontinue1 · 03/02/2024 08:36

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tocontinue1 · 03/02/2024 08:37

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ducksinarow123 · 03/02/2024 08:40

Financial abuse played a part, I would never know how much he earns until I had to do the annual tax credit review!
He now works "self employed" (ie cash in hand) for a friend who owns a construction business (I think earning £120 a day but not always guaranteed work). I am doing teacher training course this year (so poor unemployed student right now Wink) but will probably have more future earning potential. Both mid 30s.

OP posts:
SD1978 · 03/02/2024 08:41

You need the financial order as well to protect yourself and for him. It sounds pretty reasonable and f you have very similar amounts in pensions and future earning capacity not to claim anything, it just means that no one can change their mind and out finances into the pot in the future.

tocontinue1 · 03/02/2024 08:42

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tocontinue1 · 03/02/2024 08:42

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ducksinarow123 · 03/02/2024 08:42

No legal advice. I can't afford it and he will just lie about his earnings and savings (always kept in cash) so I'd probably just be short changing myself.

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tocontinue1 · 03/02/2024 08:43

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ducksinarow123 · 03/02/2024 08:47

He pays cms but only about a quarter of what he should be. I don't quite know what he's declared he's earning. Not my problem anymore.
Yes I'm unemployed this year as I'm a student so claiming student finance plus bursary for my course. Will be back working in September on a teachers salary (£30k+)

I'm making moves to actually provide a better future, fuck knows what he's doing. I should've left 5years ago really

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tocontinue1 · 03/02/2024 08:51

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tocontinue1 · 03/02/2024 08:51

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tocontinue1 · 03/02/2024 08:51

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ducksinarow123 · 03/02/2024 08:56

Nope he moved out in September. I have stayed in the house (I have an older child and lived here before we were together), he has moved out and currently privately rents.
I don't care about the cms tbh. I applied for the principal of it, but I know I have better earning potential, better pension, better (secure) home etc. obviously more money would be nice, but he has the dc 3 nights a week and as long as he's providing for them there then that's fine. I've got bigger fish to worry about.

Ok I've looked at wikivorce and they do a consent order for £349 so I will go with that one.

Thank you

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tocontinue1 · 03/02/2024 09:00

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BlueBorrage · 05/02/2024 22:26

Hi, sounds like you have a similar situation to some extend as mine. You might want to look my earlier thread on consent order but in the end got my diy self written clean break approved without question, despite the fact that I earn quite a lot more and had some savings (unlike him) but also kids mainly with me. I got it accepted without details of our pensions, just gave a brief line that neither have any significant pension to date due to xx reason.

Good luck!

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