clean break order - need advice
Discussion
Im in the process of getting divorced (currently have the nisi) and need some advice on getting a clean break order. before someone chimes in with use a solicitor, my ex and i are on amicable terms and have got this far without the need for one.
We have come to an agreement on a financial deal that suits both of us in terms of both child maintenance and a figure for me to buy her out of her share of the family home. Presently i am looking at the 'Form A' document and wondered if someone could give me some pointers on filling this in? I am unsure whether to select the property adjustment order or is it a simple lump sum order? basically i will transfer her 'X' amount of money for her name to be taken off the title deeds and mortgage.
We have come to an agreement on a financial deal that suits both of us in terms of both child maintenance and a figure for me to buy her out of her share of the family home. Presently i am looking at the 'Form A' document and wondered if someone could give me some pointers on filling this in? I am unsure whether to select the property adjustment order or is it a simple lump sum order? basically i will transfer her 'X' amount of money for her name to be taken off the title deeds and mortgage.
OP, you may find this helpful (usual disclaimer) - http://nicolawilliams.co.uk/blog/does-a-consent-or...
In my case we agreed what we wanted to do and I got my solicitor to draft it. My ex got hers to give it the once over.
It only needed one significant amendment: we had both overlooked one important detail (to do with our business) which her solicitor uncovered with a pertinent question.
It helped that our children were independent adults and no longer living in the family home which was mortgage-free. YMMV.
The answer to your question is a Property Adjustment Order. You are relinqushing title in exchange for a monetary sum.
Don't forget to submit the TR1 Land Registry form!
In my case we agreed what we wanted to do and I got my solicitor to draft it. My ex got hers to give it the once over.
It only needed one significant amendment: we had both overlooked one important detail (to do with our business) which her solicitor uncovered with a pertinent question.
It helped that our children were independent adults and no longer living in the family home which was mortgage-free. YMMV.
The answer to your question is a Property Adjustment Order. You are relinqushing title in exchange for a monetary sum.
Don't forget to submit the TR1 Land Registry form!
Exactly what you didn't want anyone to chip in with but...
If SHE doesn't take legal advice there it is a possibility that anything agreed now can be torn up later down the line because she was outsmarted/manipulated into signing something she didn't understand. You can't cover this off if you don't push her to take legal advice.
If SHE doesn't take legal advice there it is a possibility that anything agreed now can be torn up later down the line because she was outsmarted/manipulated into signing something she didn't understand. You can't cover this off if you don't push her to take legal advice.
Red Devil said:
In my case we agreed what we wanted to do and I got my solicitor to draft it. My ex got hers to give it the once over.
It only needed one significant amendment: we had both overlooked one important detail (to do with our business) which her solicitor uncovered with a pertinent question.
^ Explains why it's critical.It only needed one significant amendment: we had both overlooked one important detail (to do with our business) which her solicitor uncovered with a pertinent question.
Edited by Black_S3 on Wednesday 31st May 00:54
Black_S3 said:
If SHE doesn't take legal advice there it is a possibility that anything agreed now can be torn up later down the line because she was outsmarted/manipulated into signing something she didn't understand. You can't cover this off if you don't push her to take legal advice.
I didn't know this... thank you.LP670 said:
Im in the process of getting divorced (currently have the nisi) and need some advice on getting a clean break order. before someone chimes in with use a solicitor, my ex and i are on amicable terms and have got this far without the need for one.
We have come to an agreement on a financial deal that suits both of us in terms of both child maintenance and a figure for me to buy her out of her share of the family home. Presently i am looking at the 'Form A' document and wondered if someone could give me some pointers on filling this in? I am unsure whether to select the property adjustment order or is it a simple lump sum order? basically i will transfer her 'X' amount of money for her name to be taken off the title deeds and mortgage.
Although you can achieve the dissolution of the marriage without legal assistance, you will likely struggle to do so for the financial side.We have come to an agreement on a financial deal that suits both of us in terms of both child maintenance and a figure for me to buy her out of her share of the family home. Presently i am looking at the 'Form A' document and wondered if someone could give me some pointers on filling this in? I am unsure whether to select the property adjustment order or is it a simple lump sum order? basically i will transfer her 'X' amount of money for her name to be taken off the title deeds and mortgage.
Judges like to be presented with a professionally drafted Consent Order and will wish to satisfy themselves that both parties have received appropriate advice and are not being 'bullied' into it.
Once the terms are agreed you engage a solicitor to draw up the document. She will then need to have that examined by her solicitor. This is the biggest danger as she may well be told she can get a lot more!
By the way, you can't have a clean break order containing a child maintenance provision. While periodical payments are liable either party can return to court for a revision.
Be mindful of taking divorce advice from Pistonhead's - a lot of bitter men here!
They make a fair point however - legal advice is very sensible. I would suggest using a friendly/helpful Solicitor between the two of you. Maybe gently & discretely set the scene before hand ie, ''want this to continue being amicable, *ensure* it stays that way...''
They make a fair point however - legal advice is very sensible. I would suggest using a friendly/helpful Solicitor between the two of you. Maybe gently & discretely set the scene before hand ie, ''want this to continue being amicable, *ensure* it stays that way...''
optimate said:
never under estimate a women capacity for being a 
from hell after you split
my advice is exchange all cash to bitcoin. run up your credit to the max and declare bankruptcy
and tell em if they ask you lost your phone with the bitcoin wallet and forgot the password
This bloke is full of bad advice. from hell after you splitmy advice is exchange all cash to bitcoin. run up your credit to the max and declare bankruptcy
and tell em if they ask you lost your phone with the bitcoin wallet and forgot the password
lucido grigio said:
This bloke is full of bad advice.
well one mate took and hes living good another dident and hes living in a bed sit with fk all while shes in a 5 bed hes paying for ans screwing some chavthing is as a man in a divorce your had it no such thing as fair if you want fair you need to do it out side the law
Edited by optimate on Wednesday 31st May 09:56
optimate said:
lucido grigio said:
This bloke is full of bad advice.
well one mate took and hes living good another dident and hes living in a bed sit with fk all while shes in a 5 bed hes paying for ans screwing some chavthing is as a man in a divorce your had it no such thing as fair if you want fair you need to do it out side the law
Edited by optimate on Wednesday 31st May 09:56
You mention removal of your wife/ex-wife from the Mortgage & deeds. As far as i'm aware & was certainly the case when i got divorced, THIS is not something the Courts or Solicitors can get involved in as is down to your lender to decide if they fancy removing half their security.
If you're taking out a new mortgage in your own name or perhaps with a new partner & the old mortgage that your ex-wife's on is being fully settled then all's good, but until the 'old' mortgage is repaid then i doubt the lender will have any desire in removing half their security & they have no interest if you're divorced from the other named person.
If you're taking out a new mortgage in your own name or perhaps with a new partner & the old mortgage that your ex-wife's on is being fully settled then all's good, but until the 'old' mortgage is repaid then i doubt the lender will have any desire in removing half their security & they have no interest if you're divorced from the other named person.
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