Clean Break after divorce

checjb

checjb

checjb

Soldato
Joined
18 Oct 2002
Posts
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Location
Royston, Herts
Hi folks,

A quick question for the divorced amongst us. My sister and I are both divorced from our respective partners and we've been discussing clean break orders. My ex remarried this year (I remarried 3 years ago) but my solicitor advised me that I needed a clean break order. My sister's ex is nit remarried (nor intends to apparently) so she's been advised to get a CB in place, unless he remarries when it's rendered moot.

So, anyone know what the real situation is? Do I need a CB if my ex remarried? All the advice I can see is about situations where the ex is unmarried or is, frankly, a bit too obviously trying to sell a service I may not need.

TIA
 
checjb said:
My ex remarried this year (I remarried 3 years ago) but my solicitor advised me that I needed a clean break order
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Financial commitments as far as I am aware are severed once she remarried. I aint no lawyer however, so probably worth getting this confirmed by someone who is.

checjb said:
My sister's ex is nit remarried (nor intends to apparently) so she's been advised to get a CB in place,
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As above, in your sisters case it would make sense.
 
Beerbaron said:
What is a clean break order?
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Quite literally what it says it is, it gives both parties a clean break from the other.

Example:
2 people get divorced, and a year down the line one wins the lottery, the other could them take them to court for a percentage of the lottery win, even though they have been divorced.

A clean break would stop that.
 
I'm a bit confused by this. Actually, I'm totally confused. In the states a divorce is, essentially, a clean break. There can be unique circumstances but for the most part it's a clean break.

Were I to win the lottery, or make a huge profit from an investment... after the divorce was final all that money would be mine.. no questions asked.

What is the thought process behind this? What is the legal basis?
 
BlueMerle said:
I'm a bit confused by this. Actually, I'm totally confused. In the states a divorce is, essentially, a clean break. There can be unique circumstances but for the most part it's a clean break.

Were I to win the lottery, or make a huge profit from an investment... after the divorce was final all that money would be mine.. no questions asked.

What is the thought process behind this? What is the legal basis?
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The legal basis is retarded out of date laws.
 
Evangelion said:
Well it's about damn time!

:eek:
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As I typed I just knew this would be posted. :D

The reasopn for my question is that two solicitors have given very different advice on this.

Solicitor 1: You need a clean break but once the ex has remarried it's no longer required. as her remarriage means they cannot come back on their original spouse.
Solicitor 2: You need a clean break even after they've remarried because otherwise they can make a limited claim against you. The actual advice was "if your ex-wife splits with her current husband and then finds herself unable to work, she can make a claim against him and a limited claim against you, unless you have a CB in place".

:confused:
 
Skiddley said:
Why on earth is a CB not a standard part of a decree absolute?
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Probably because it's a choice not everyone wants to make. It shouldn't be mandatory for that reason. Personally I'm all for a CB after a relationship ends but not everyone is.
 
Sliver said:
Probably because it's a choice not everyone wants to make.
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but anyone is free to support their ex if they want to, a default position of divorce being a full separation/clean break/no further liabilities either way after the settlement agreement has been reached wouldn't stop anyone who did feel they wanted to offer more upon their circumstances changing from doing so
 
dowie said:
but anyone is free to support their ex if they want to, a default position of divorce being a full separation/clean break/no further liabilities either way after the settlement agreement has been reached wouldn't stop anyone who did feel they wanted to offer more upon their circumstances changing from doing so
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Like I said, it's not a choice everyone wants to make.
 
Sliver said:
Like I said, it's not a choice everyone wants to make.
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I know you said that, I'm just not sure what the issue is? If someone has a clean break they can still give money to their ex if they choose to. Surely it would be better for the clean break to be the default position?
 
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dowie said:
I know you said that, I'm just not sure what the issue is? If someone has a clean break they can still give money to their ex if they choose to. Surely it would be better for the clean break to be the default position?
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Depends on circumstances. If your partner is unreasonable, it won't work. Many relationships don't end amicably and some people just want to extort money out of their ex (usually women).
 
Sliver said:
Depends on circumstances. If your partner is unreasonable, it won't work. Many relationships don't end amicably and some people just want to extort money out of their ex (usually women).
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eh? that sounds like a good argument for a clean break being the default position
 
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