Clean break order

[emma8t4]

Has anyone any experience of these, my OH is in the process of divorcing (DIY online) all finances/money were split 8 years ago when they separated. He kept the house, although she did live in for a year (free) which was the original agreement but then decided to move in with her parents. House has since been sold, and he paid her back the money her parents gifted them as a deposit plus another lump sum for the equity built up. She kept her pension plus all the furniture etc and has a generous private agreement for maintenance for kids.

Thing is she’s crap with money and has loads of debts/ccj’s etc so question is, is a clean break order suitable and what info do you provide.

I would suggest your oh consults a solicitor on this one. What is the difference in earnings/pensions for example?

Tricky. If he can prove that the proposed arrangement is/was fair eg he didn't swindle her with the house equity, and that her debts are due to living beyond her means because of poor spending choices rather than her being left destitute by the arrangement, then he should be OK. My dp sorted his financial stuff out in similar circumstances way too long after they separated grrr with exw having got herself into debt for 'lifestyle spending' rather than living within reasonable means. Dp paid her the equity she was due and they had both agreed on. Paperwork returned once from court for clarification, both had to seek independent advice to say they were both happy with the arrangement and it was sealed by the court.