Clean Break after Divorce

[livingontheedgeee]

I'm going to initiate divorce proceedings against my ex-H using the governments online service.

My friend has just gone through the same and she said there's no such thing as a Clean Break anymore and an ex can't come after you for financial support in the future.

I can't see anything online about this - does anyone know if she's correct?

That doesn't make sense

What I mean is that after divorce, your ex can't come after you for financial support under any circumstances - even if you haven't entered into a Clean Break arrangement.

Sorry!

As far as I'm aware the finances can still be sorted after the divorce although ideally it happens at the same time.

Your friend is misinformed, if you do not sort finances out your ex can chase you if you win the lottery etc and you can do the same thing to him. There has been no law change about this, while the terminology might change the fundamentals have not.

So it is both your interests to sort this out quickly (unless your partner has upcoming inheritance or massive windfall coming, but be warned in Scotland you would not be able to claim part of any inheritance if that is what you are waiting for.

I'm not waiting for anyone's inheritance - not sure where that comment came from.

I know we will have to sort out the finances during the divorce proceedings but what I specifically was asking is whether, post divorce, an ex can come at you for any future earnings/windfalls/gifts etc.

Thanks everyone.

Yes they can so do sort it out now.

If you fail to get a financial order during the divorce he can come after you at any time. If you get a financial order it should dismiss all future claims. That means, provided you have made a full financial disclosure, he can't come back for more. However, if the order includes spousal maintenance either of you can ask for that to be varied if circumstances change.

Your friend is misinformed if she says there is no such thing as a clean break any more. A clean break means that there are no ongoing financial ties other than child maintenance. The courts prefer a clean break if possible.

Apart from child maintenance a clean break means you split it all. End of.

However, if the order includes spousal maintenance either of you can ask for that to be varied if circumstances change

If someone became unemployed, received a redundancy payment or had savings would it be necessary to continue with spousal maintenance? I thought Spousal Maintenance was based on income rather than capital? Maybe wrong.

If someone became unemployed, received a redundancy payment or had savings would it be necessary to continue with spousal maintenance

Unless the order says otherwise yes, it would be necessary to continue. But the payer becoming unemployed would be an example of a situation where they may be able to get the order varied.