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Clean break consent order

5 replies

Lasvegas · 29/11/2005 14:18

Does anyone know about the clean break consent order process? I have been sent a statement of information for a consent order. If I don't complete it what will happen to me? Will I be in contempt of court?

X husband left nearly 3 years ago, we divided up equity car etc via solicitors letters we agreed so didn't go to court, and he is not involved with DD, we are already divorced.

Out of the blue his solicitor sent me a form called a statement of information for a consent order it asks what my assets are today and whether or not I am re-married or living with someone. I think it is v intrusive, why should I have to tell X that I am re-married and how do I separate my assets from husbands, X was violent so I have never revealed my address and form wants a valuation of the house I own - this would lead X to find out where I live.

Any advice gratefully received.

OP posts:
sickandtired · 29/11/2005 14:29

my dp had to get a form signed by EW to disassociate himself financially from her, but this sounds a bit different?

Bugsy2 · 29/11/2005 14:34

not too sure on this, but I know if you have remarried, you may not be entitled to receive spousal maintenance.
Why not give the solicitor a call and see what it is all about?

zippimistletoes · 29/11/2005 14:37

I don't know the answer but I would be interested to know..as I came to an agreement with exh over how we split the finances but got divorced without having our financial agreement legally signed off even by solicitors(I imagine that means that I could go back for a second try at any time and ask for more? or vice versa)

NotActuallyAMum · 29/11/2005 14:46

Really think you need legal advice on this. When my DP divorced in the summer his clean break consent order was all part of his divorce - he couldn't have his divorce until the consent order was agreed by both parties then stamped and agreed by the court

You're already divorced and, if I've read your thread correctly, finances are already sorted. If he's trying now to get a clean break when there wasn't one as part of your divorce that would suggest to me that he's trying to make sure that you don't have any claim on his finances in the future. But I'm no expert, that's just my guess - really do think you need to speak to a solicitor about this

Lasvegas · 29/11/2005 14:53

zipp - yes exactly as I understand it since X and I didn't sign a clean break consent order it means either of us can go back to court at any time in future and ask for spousal maintenance or a bigger lump sum. I have been advised to keep open spousal maintenace of 10 pence a year as this leaves me open to ask for more in future for example if I or DD became handicapped and I couldn't work and she had to be cared for at home (cheery thought). I don't currently receive any spousal maintenace.

I can understand why my assets were of importance at the time of separation as in a fair divying up, but 3 years on seems madness. I don't want to provide X with details of my joint acccount with partner so that he can see how much we spend on groceries etc - none of his business.

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