Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Do I need a clean break order?

5 replies

andwhatnow · 03/12/2013 09:46

My (soon to be) ex husband and I split up two and a half years ago. we earn similar amounts of money and we owned a house together.

We have a son who is now fourteen and who spends half and half with us. We generally split the costs of his care and thus maintenance as such, is not an issue.

We sold the house a few months ago and split the equity down the middle. We have both gone on to buy our own houses.

We are now divorcing which is relatively straight forward as we have lived apart for over two years.

So....do I need to also go to a solicitor and sort out a clean break order? I will be rewriting my will soon and, if one of us were to die, we have kept our work payouts in each others names, with the obvious premise that this would be passed on to our son once he reaches 18.

I do understand that a clean break obviously prevents an ex spouse making future claims but I have also been told that a clean break order can't be done with children under 18?

Thank you

OP posts:
Collaborate · 03/12/2013 12:08

You can have a clean break order. It would stop either of you claiming against the other in the future if you fall on hard times, and stop whoever lives longest claiming against the estate of the first to die.

Lonecatwithkitten · 03/12/2013 12:48

You can do a clean break financial consent order with children under 18, I am doing one. Yes a solicitor is the best place to start.
I have the same life insurance issue, I have had a trust created for the life insurance with DD the beneficiary with a trustee until she is 18 to ensure it wouldn't frittered away.

babybarrister · 03/12/2013 22:31

This reply has been deleted

Message withdrawn at poster's request.

andwhatnow · 08/12/2013 13:18

thank you.

I will approach a solicitor. Does a clean break order have to be done alongside a divorce or can it be carried out separately?

Also, if applying for just a clean break order, what type of costs can expect?
Thanks

OP posts:
Collaborate · 08/12/2013 20:10

Can only be done as part of a divorce

New posts on this thread. Refresh page