Clean break divorce order

[Marley040783]

Has anyone been through a clean break divorce, I need advice desperately

Yes but don't you really need a solicitor?

That depends on whether it is amicable or not. We did an online consent agreement because we agreed on the finances. It saved a mint. I could have got more money but would rather not end up giving lots of money to solicitors to engineer an argument about money

I did my own and didn't involve solicitors although if you have assets together, a solicitor is worth the money because they'll make sure you aren't ripped off.

It's my mum, she has no solicitor and it's amicable 'apparently'. I have read the draft order consent form and they are askng her for a pension sharing annex even tho they agreed they would not take each other's pension, this is a NHS and is going to cost her £1653 to get the pension, he has also added his company debt in there.

It costs absolutely nothing to get your NHS pension assessment

She doesn't work for the nhs anymore so is claiming it.

If you think she is getting ripped off she needs to see a solicitor. No-one can advise on the limited information you have posted here.

If there’s going to be no PSO in my experience judges are happy for a pension in payment not to have a CETV, especially if it’s going to cost that much, but I agree she’d be making a big mistake not taking legal advice.

She is speaking with one next week, I was just seeing if anyone had gone through one and wanted to no if it was essential to have to declare your pension if it is agreed that they won’t be shared ?

@Collaborate thank you, there is something not right but we have tried to speak to the NHS but because she is technically a pension because she receives payment they said they cannot give her the amount as it’s paid till death so either the CETV needed applying or the PS annex which when you read it says he could receive some , but if they agreed verbally then not sure why it’s on the draft

There’s been a huge misunderstanding here - quite possibly in your understanding of what has gone on. There will be no pension sharing annex unless a PSO has already been agreed. Maybe she’s been asked to fill in a form P to get info about her pension. NHSPSA do charge the prices quoted to supply a CETV for a pension in payment.

This is why it’s confusing, so I’m the draft the solicitor has clearly wrote both parties have agreed to not touching each other’s pensions. But then the attached says pension Sharing annex, but this problem
Is she can’t just declare her nhs pension so it’s just on paper for divorce without it costing her and affecting the pension, is there a way around it do you know ?

Yes. The solicitor has sent the wrong form. There should be a statement of information form. I'd simply put, in the part for pension valuation, that the NHS pension is in payment and pays £x a year income.

@Collaborate thank you for your help, that makes more sense. I'm getting everything together to send over to a divorce solicitor this afternoon as I think all of it needs to be checked as it just doesn't sit right.

The forms are intended to ensure both sides has visibility of all the finances before signing the agreement.

However company based debt shouldn't be included if it's limited to the company. But if he's personally liable then all debt and assets should be included plus value of the organisation such as good will.
It shouldn't include just the debt, that's a bit having cake and eating it

So the equity from the house is on for 50/50 after matrimonial debt is paid , 2 credit cards are in that which they used for holidays but then a debt that he took 25g loan
Out to expand his business which the main business is booming but apparently no money in it 🙄 the expansion bit went
Bankrupt which is what the debt on the order is for, for it to come of the house price when it’s sold, main issue is the pension but Iv just paid someone and sent her the documents to go over

It's a dangerous business coming on here and giving fragments of information and hoping for advice back. Some who proffer advice are (like me) legal professionals. Some have merely gone through a divorce themselves and whilst they may want to share an experience or two that doesn't make their advice on settlement terms anything you should listen to.

In fact you should take everything you see here with a pinch of salt. You have no idea who any of us are.

No I appreciate that, I have gone to a solicitor today, I just wanted to see if anyone had experience of this kind of divorce as it is the first time I have heard of them so seeing other people’s story’s doesn’t mean I take it for advice.