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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Clean break agreement Help Please

10 replies

Divorce678 · 15/09/2019 22:34

Divorce granted last month.
ExH doesn’t see children anymore, rarely pays maintenance (Total £300 in 4 years)
Left me with his debts (he spent on my cc, and other debt in his name which I am paying off).
No assets other than my small pension but he won’t see a solicitor to sort clean break agreement.
I’m changing job and will be buying a property next year and don’t want him coming back at me for all I’ve worked for years down the line! I know it’s unlikely that years down the line a judge would grant anything to someone who hasn’t paid for their children, not seen children and left debt - particularly as any assets would have been gained after separation/divorce but I don’t want to take any risk. Can not afford to take this to court but how else do I deal with this?
Thanks for any advice!

OP posts:
aleC4 · 15/09/2019 22:45

Sorry you are in this situation.
I am following your post with interest as I too am looking for advice on a clean break agreement.
My situation is a little different to yours but not a million miles away.
I got my divorce through a couple of weeks ago. Exh pays maintenance but it is not court ordered.
When he left me I stayed in the house and managed to buy him out, he has now bought his own house with ow.
My worry is that he has always been shot with money. I stand to inherit pretty well from my parents and his also will see him right.
However he flirts between jobs and doesn't have a pension. I have a final salary pension and there's no way I want him getting his hands on it.
People have told me a clean break agreement is the way to go to ensure finances remain separate for the future.

NewMe2019 · 15/09/2019 22:49

You can get one from a solicitor. They will draft it and send it to him then he just has to sign. I'm in the process now.

Nat6999 · 15/09/2019 22:52

I got a clean break when I divorced, I got to keep the house as it was mine before we married & exh wrecked it by leaving the water turned on & no heating during a bad winter which resulted in a flood & the whole house needing replastering & a new boiler, my pension which is a final salary one, exh kept his pension which in no way was as good as mine & our touring caravan.

category12 · 15/09/2019 22:54

Why are you paying off debt in his name?

Divorce678 · 15/09/2019 23:05

@NewMe2019 yes but if he doesn’t sign it, what to do? I gather the only other option is to go to court but cannot afford that.

@aleC4 sorry you’re in a similar position

@category12 sorry unclear - his debt but in both names so one of us has to pay it in full or both credit ratings ruined. He won’t pay so I have to.

So my solicitor could draft something. I physically take it to him to sign. Then my solicitor sends it to the court to sign off?

And if he doesn’t sign, what can I do to protect myself?

OP posts:
NewMe2019 · 16/09/2019 08:05

You need advice from a solicitor.

incywincyspiders · 16/09/2019 08:15

I'm seeking a clean break order through mediation. I'm not sure if this is an option for you?

aleC4 · 20/09/2019 23:10

I've been looking online and it seems if your situation is straightforward, as mine is, you can actually do it with an online divorce company.
I bought exh out of the house, we both agreed the amount and paid off all joint debts. We each have our own pensions, although mine is significantly better.
The only thing I'm not sure of is, can you get a simple clean break agreement if you have children and the dad is paying maintenance? The maintenance is not court ordered, we agreed it between ourselves.

category12 · 21/09/2019 07:54

Child support is distinct from the other financial stuff, so yes you can still have a clean break.

Fig678 · 22/09/2019 21:00

@aleC4 problem is that unlike yours, mine won’t agree anything, I’m just ignored. He has gone no contact. This is the problem

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