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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.

Clean break order?

4 replies

Comeupandseememakemesmile · 23/02/2025 23:42

Not sure why I’m finding this hard to understand. Separated 18 mths ago, 25 year marriage. Adult kids but still at home.
only assets, home and pensions -
we split the equity in the home , with me taking £15 k more to offset his first pension - I didnt have one when kids were young. Both still have a pension of equal ish size from same employer so we’re happy with that as it is.
That’s it, sorted. Amicably. I bought a 3 bed shared ownership, kids came with me , just 25% , and I pay rent on the 75%. No financial support from him - he pays their phones - but that’s fine. At time of separation I earned about 5 k more as he doesnt work a full year.
He rents a 2 bed and should have his equity share stashed away.
I’ve never felt the need for a financial order, we’ve agreed, we’re sorted .
but I have friends telling me I need something - a clean break order so no future claim on each other or on inheritance ( I will be due a small amount) etc.
I am conscious I made decisions on my employment post separation to make us ( me and kids ) more secure - so I earn quite a bit more now. He’s chosen to stay in lower paid position because of enjoying more leave.
Do I need to act ?? I do trust him but also know he’s not good with money and could get through his equity share before he can claim his pension - 3 years till 55 - or his sizeable inheritance happens.
it probs makes more sense for him to pursue it tbh, but I’ll be making no claim on his inheritance, even though I continue to support my ex in laws.
I guess I’m fearful of form filling, the cost and cos of the higher salary somehow losing out 🤷🏼‍♀️
Back for a freebie 30 mins I think . .

OP posts:
Nat6999 · 24/02/2025 00:20

You need that financial order, without it he can come back for more any time he wants. If you come into an inheritance or win the lottery, until you get that order, he is entitled to half of it.

Userxyd · 24/02/2025 02:19

You need the clean break order - it's the effective end to future financial ties.

Comeupandseememakemesmile · 24/02/2025 08:14

Do I still have to complete all the forms though ?
when it’s a clean break not a financial order

OP posts:
LemonTT · 24/02/2025 08:39

A clean break is just a form of the financial order. One where all financial ties are cut. Unlike arrangements where the house sale is deferred or there is spousal maintenance.

The most likely and impactful consequence of this oversight is the fact he is still entitled to a share of everything your own. That is an issue if you die. Why would you want to pass that on to your heirs and executors of the will.

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