The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

clean break order wording please

  • Rosaly
  • Rosaly's Avatar Posted by
  • Senior Member
  • Senior Member
More
23 Mar 10 #193829 by Rosaly
Topic started by Rosaly
Hi!
I'm self-rep and the Applicant.
Final hearing very soon. My ex originally did not want the Clean Break, now he does.
He has not filled in an Application (Form A). Can the Judge grant a clean break nonetheless?
I am preparing my bundle (there is also an issue of disputed ownership over a potential asset) and I need the right wording regarding the clean break.
Please help!
Thank you.
This is what I have written so far on this 'clean break' issue:
Both parties are now in agreement for a Financial ‘clean break’.
The only potential asset remains X whose disputed ownership is to be decided at the Final Hearing on ....
Accordingly, the Applicant seeks the following:
(1) That the terms of this order are in full and final settlement of all and any claims each party may have against the other in England and Wales or elsewhere howsoever arising including all forms of Ancillary Relief, including pension sharing orders and of all and any claims that either party may have against the estate of the other in life or following the death of the other.
(4) That each party shall retain as their separate property all items currently in their possession.

IT IS ORDERED AS FOLLOWS:

1. There be a Financial ‘clean break’ between the parties, in full and final settlement of all and any claims each party may have against the other in England and Wales or elsewhere howsoever arising including all forms of ancillary relief, including pension sharing orders and of all and any claims that either party may have against the estate of the other in life or following the death of the other.
The Petitioner's and the Respondent's applications for maintenance pending suit, periodical payments, lump sum orders, settlement and transfer of property orders, secured provision orders and pension sharing orders be and hereby are dismissed.

2. Neither the Petitioner nor the Respondent shall be entitled following the death of the other to make any application for financial provision in respect of the estate of the other pursuant to the Inheritance (Provision For Family and Dependants) Act 1975

Thank you.
Rosaly

  • Elle
  • Elle's Avatar
  • User is blocked
  • User is blocked
More
23 Mar 10 #193867 by Elle
Reply from Elle
Include something along the lines...

This order shall constitute a clean break of the parties to the order in that there shall be no future claims of any description to or by either party :unsure:

E

  • Kimmi
  • Kimmi's Avatar
  • Platinum Member
  • Platinum Member
More
23 Mar 10 #193868 by Kimmi
Reply from Kimmi
I don't even know where mine is :unsure: I could have a look tonight and let you know the wording on that if you like?

K/x

  • Tets
  • Tets's Avatar
  • Moderator
  • Moderator
More
23 Mar 10 #193912 by Tets
Reply from Tets
You really need a solicitor to draft a Consent Order (a clean break order is a consent order with no maintenance element) to ensure it covers everything intended. You could jointly purchase a fixed price consent order I think the wikivorce one is now £99.

  • Elle
  • Elle's Avatar
  • User is blocked
  • User is blocked
More
23 Mar 10 #193920 by Elle
Reply from Elle
With all due respect tets, not everone needs a solicitor to prepare an order ;)

E

  • Rosaly
  • Rosaly's Avatar Posted by
  • Senior Member
  • Senior Member
More
23 Mar 10 #193953 by Rosaly
Reply from Rosaly
yes please, if it's not too much trouble for you.
Thank you.
Rosaly

  • Elle
  • Elle's Avatar
  • User is blocked
  • User is blocked
More
23 Mar 10 #193966 by Elle
Reply from Elle
Rosaly,

I can send you mine that are legally registered and legally binding however they were drafted by myself, signed by sols, are simplified, cover all legal technicalities and are fair to both parties...however this may distort the view that sols are better equpped for this exercise ;)

E

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.