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Clean break and child maintenance

39 replies

SandyMae · 21/09/2017 20:13

Could anyone here explain what a clean break with regards to finances mean?

Does it mean all claims for child maintenance are warped up as well? Or could one apply to the CMS later on if needed?

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SandyMae · 23/09/2017 20:33

@prh47bridge that's actually very useful to know. If he starts earning what he used to earn a few years back I would assume it's only fair he pays a higher CM for DS. Then again, not sure how I will know how much he earns anyway... oh well.

Sorry to keep going on, but this paragraph I posted above... it DOES mean we have a clean break right? I just want to be sure he won't be making claims on the equity in the house. Obviously it would also mean I can't come and try to get him to pay me any spousal maintenance as well I guess?

OP posts:
prh47bridge · 23/09/2017 23:49

A clean break is about maintenance, not the assets of the marriage, the idea being that one party gets more of the assets in return for not receiving any spousal maintenance. Regardless of whether or not you have a clean break order he cannot make any further claims on the capital. So, unless you have failed to make a full and accurate disclosure, he cannot come back and ask for more of the equity in the house.

bobs123 · 24/09/2017 01:01

SandyMae, the paragraph you mention is just about the spousal. Unless you ask for, say, a nominal £1 so that you could potentially go back and ask for more in future (provided that there is a good reason you need it) then a clean break in spousal means you can not. Courts do not really like awarding spousal unless there is a really good reason to do so. A larger share of the assets is more the norm for the lower paid breadwinner

As for the rest of the assets, there should be a paragraph in the consent order stating something similar to: Save as aforesaid (being all the other stuff like house split, pension etc) neither you or he can be entitled to or make any further application in relation to the marriage pursuant to Section 23 (1) etc etc etc.

Then there should be a paragraph saying neither of you will be entitled to any claim on any inheritance if either of you die

Re child maintenance, this is a separate issue, and although can be included in the CO, it then can be changed after 1 year, either by him paying less (or more if he wants!!!) or you going to CMS

I actually had written into mine that child maintenance was paid until my DD completed university (1st degree course). however children can make their own claim for maintenance from the non resident parent before starting uni.

As has been said above, you should get any CO you sign properly checked over first. I self repped through court - and got advice from MN - including babybarrister - also from wikivorce. I think because my judge realised how much I was being pratted around, once we had agreed the CO at FDR she made my ex's solicitor write it up there and then, checked it, and asked when she could have the typed up copy to rubber stamp (she got it the following day). Had this not have happened, I would have shown it to a solicitor first. She also, with my permission, sorted the decree absolute at the same time

babybarrister · 24/09/2017 18:38

This reply has been deleted

Message withdrawn at poster's request.

SandyMae · 24/09/2017 22:17

@bobs123 that paragraph I copied in goes on to say section 23(1)(a) or (b)

Except as provided in this order the Respondent's claims for periodical payments orders shall be dismissed, and she shall not be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act...

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SandyMae · 24/09/2017 22:20

Full paragraph reads:

Except as provided in this order the Respondent's claims for periodical payments orders shall be dismissed, and she shall not be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act 1973 section 23(1)(a) or (b) and she shall not be entitled on the Applicant's death to apply for an order under the Inheritance (Provision for Family and Dependents) Act 1975, section 2

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SandyMae · 24/09/2017 22:22

@babybarrister what does a "Christmas order" mean?

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bobs123 · 24/09/2017 22:57

Sandy Google Christmas Order. Also MCA. Matrimonial Causes Act) If you have not done the 2nd already you really should get legal advice

prh47bridge · 24/09/2017 23:13

Christmas orders are rare. In essence a Christmas order automatically renews annually. The order is therefore never in effect for more than a year so the CSA cannot get involved.

prh47bridge · 24/09/2017 23:18

The paragraph you have copied stops you from making any claim for spousal maintenance in future. It also stops you from lodging a claim against his estate when he dies. It is entirely one sided - it does not stop him from making a claim for spousal maintenance nor does it stop him from claiming against your estate when you die.

SandyMae · 25/09/2017 09:06

Thanks for clarification!

It doesn't state anywhere in the order that it is a Christmas order, or that it should be updated annually, so I assume that it's not the case.

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cwmcynydd · 28/09/2017 12:49

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 28/09/2017 14:14

You need to start a new thread of your own, but ultimately you need to get some face to face advice with a solicitor. These forums are fine for discrete issues, but to post a short paragraph detailing what you think amounts to a detailed enough summary of your position for someone to advise is not realistic.

cwmcynydd · 28/09/2017 14:25

Ok thanks, how do I delete this and sorry for the confusion.

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