Clean break order - all the same?
Discussion
My girlfriend is at the final stage of her divorce - financial order.
There isn’t a great deal of money involved. Each party is likely to receive about £20k at the moment.
She wants a clean break order. Seems that a court approved order is widely available for around £500 through various providers but she’s spoken to a solicitor who’s said that one she’d prepare would be bulletproof and it’s worth paying the extra for her services - she would say that though,wouldn’t she?
My girlfriend isn’t expecting to receive any large lump sums in the future. A possible inheritance of around £100k perhaps.
So she’s really trying to protect against a future lottery win being taken off her, or if her career takes off, money acquired through work.
So are all clean break orders the same? Or is it worth paying a lot more (out of the small amount of money she wants to use towards a house deposit) for a ‘Rolls Royce’ version?
There isn’t a great deal of money involved. Each party is likely to receive about £20k at the moment.
She wants a clean break order. Seems that a court approved order is widely available for around £500 through various providers but she’s spoken to a solicitor who’s said that one she’d prepare would be bulletproof and it’s worth paying the extra for her services - she would say that though,wouldn’t she?
My girlfriend isn’t expecting to receive any large lump sums in the future. A possible inheritance of around £100k perhaps.
So she’s really trying to protect against a future lottery win being taken off her, or if her career takes off, money acquired through work.
So are all clean break orders the same? Or is it worth paying a lot more (out of the small amount of money she wants to use towards a house deposit) for a ‘Rolls Royce’ version?
How easily this goes really depends on the degree of co-operation with the other spouse. If they feel exactly the same way as your girlfriend and equally want to protect themselves from future claims then, both parties in agreement, it should be quick and easy. It gets difficult (and expensive) when it becomes contended.
I would personally go with the solicitor option just to ensure that I had the relevant backup/advice and representation already in play, should the process get stuck for some reason.
I would personally go with the solicitor option just to ensure that I had the relevant backup/advice and representation already in play, should the process get stuck for some reason.
Edited by theboss on Thursday 6th July 15:08
I was recommended a partner in family law to handle my divorce. After the initial consultation she said my situation was handlable by one of her “lesser” lawyers and oversaw the divorce and production of consent order. As far as I’m concerned it was 1k well spent and it’s now watertight against future claims.
Chris
Chris
Out of curiosity, why would you need an order, if, say, kids not involved, assets shared amicably & both parties move on?
I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
Biker 1 said:
Out of curiosity, why would you need an order, if, say, kids not involved, assets shared amicably & both parties move on?
I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
The law allows them to make claims for financial remedy and this is essentially open-ended in the absence of a financial order.I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
To divorce without finalising finances leaves the “better off” party at risk perpetually. If they the lottery, receive a massive inheritance, grow a successful business, accrue a huge pension and the other party finds themself without a pot to piss in, they could make a claim potentially.
For the sake of a bit of money and formality at the time of divorce, proper closure can be obtained.
Biker 1 said:
Out of curiosity, why would you need an order, if, say, kids not involved, assets shared amicably & both parties move on?
I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
i know its difficult to enforce if the person has left the country ......... a work colleague did this years ago , his mrs was messing about , he found out and managed to convince her that they should both relocate to the Philippines , he planned it so well , house sold . bank accounts overseas etc. imaginary job , they even shipped the furniture overseas , it was all a well executed con . When the time came to actually leave , he served her the divorce papers at Heathrow airport and left her with the clothes she was standing in , while he boarded the flight on his own and disappeared into the blue yonder , she tried to track him down .......... hes re married and living in Thailand , hes never been back to UK and never heard from his ex wife. I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
Purosangue said:
i know its difficult to enforce if the person has left the country ......... a work colleague did this years ago , his mrs was messing about , he found out and managed to convince her that they should both relocate to the Philippines , he planned it so well , house sold . bank accounts overseas etc. imaginary job , they even shipped the furniture overseas , it was all a well executed con . When the time came to actually leave , he served her the divorce papers at Heathrow airport and left her with the clothes she was standing in , while he boarded the flight on his own and disappeared into the blue yonder , she tried to track him down .......... hes re married and living in Thailand , hes never been back to UK and never heard from his ex wife.
Yes I've seen that film as well, it's a good one
martinbiz said:
Purosangue said:
i know its difficult to enforce if the person has left the country ......... a work colleague did this years ago , his mrs was messing about , he found out and managed to convince her that they should both relocate to the Philippines , he planned it so well , house sold . bank accounts overseas etc. imaginary job , they even shipped the furniture overseas , it was all a well executed con . When the time came to actually leave , he served her the divorce papers at Heathrow airport and left her with the clothes she was standing in , while he boarded the flight on his own and disappeared into the blue yonder , she tried to track him down .......... hes re married and living in Thailand , hes never been back to UK and never heard from his ex wife.
Yes I've seen that film as well, it's a good onetheboss said:
Biker 1 said:
Out of curiosity, why would you need an order, if, say, kids not involved, assets shared amicably & both parties move on?
I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
The law allows them to make claims for financial remedy and this is essentially open-ended in the absence of a financial order.I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
To divorce without finalising finances leaves the “better off” party at risk perpetually. If they the lottery, receive a massive inheritance, grow a successful business, accrue a huge pension and the other party finds themself without a pot to piss in, they could make a claim potentially.
For the sake of a bit of money and formality at the time of divorce, proper closure can be obtained.
Also, it's far from 'potentially' but very real. As Dale Vince discovered when Kathleen Wyatt went after him 20 years down the track.
At the time of their divorce neither of them had a pot to piss in, so no Consent Order was sought by either party.
As ever in these situations, "it all depends"
The court can assign resources as it sees fit, on a needs basis, taking account of all the circumstances and needs of both spouses and children.
Even if its agreed that its non-matrimonial, it's still within the court's reach to use it to settle the needs of the ex. Note needs, not wants.
It's never black and white, each situation is unique.
The court can assign resources as it sees fit, on a needs basis, taking account of all the circumstances and needs of both spouses and children.
Even if its agreed that its non-matrimonial, it's still within the court's reach to use it to settle the needs of the ex. Note needs, not wants.
It's never black and white, each situation is unique.
Red Devil said:
theboss said:
Biker 1 said:
Out of curiosity, why would you need an order, if, say, kids not involved, assets shared amicably & both parties move on?
I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
The law allows them to make claims for financial remedy and this is essentially open-ended in the absence of a financial order.I think I understand that an ex could potentially claim part of a private pension that one had before the divorce, but how on earth could an ex claim part of a lottery win that happens years after the divorce?
To divorce without finalising finances leaves the “better off” party at risk perpetually. If they the lottery, receive a massive inheritance, grow a successful business, accrue a huge pension and the other party finds themself without a pot to piss in, they could make a claim potentially.
For the sake of a bit of money and formality at the time of divorce, proper closure can be obtained.
Also, it's far from 'potentially' but very real. As Dale Vince discovered when Kathleen Wyatt went after him 20 years down the track.
At the time of their divorce neither of them had a pot to piss in, so no Consent Order was sought by either party.
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