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Topic: Divorce - Clean Break Agreement  (Read 1596 times)

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Divorce - Clean Break Agreement
« on: January 04, 2012, 01:18:40 PM »
Hey Y'all,
I've come back to the UK-Yankee promised land of knowledge for yet another dose of reassurance that at the end of the day, things will be okay.

About a year ago, my then-wife and I separated after a marriage that began September 4, 2010.  We agreed to take what we had independently beforehand and leave it at that.  The divorce proceedings began September 4, 2011, and December 14, decree nisi was pronounced.   

In the divorce petition, in order to further limit costs on a financial clean break, it was stated that there was a lump sum order being sought. 

My ex has constantly expressed that she doesn't want my money (I have about $80k USD in savings, she has £1200 in savings, but again, we were only married 4 months and that money never played a part in our marriage as we kept financials pretty separate even when together), and on the "statement of information for a consent order in relation to a financial remedy" her solicitor states "This was a short marriage both parties agree that they will walk away with what they each had at the start of the marriage".

Is there ANY way that a cour twill overturn our pre-arranged financial agreement that we aren't seeking funds from one another and just be like "screw it, you've got $$$ she don't have a penny, give her some money". 

Yes, i am seeking reassurance, but I am a bit worried, especially since the divorce went through on the basis of me being an adulterer.

Thanks in advance all UK-Yanks, and HAPPY NEW YEAR!


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Re: Divorce - Clean Break Agreement
« Reply #1 on: January 04, 2012, 02:22:41 PM »
I doubt that anyone on UKY would contradict what a solicitor says...surely you would have asked your solicitor about this during the proceedings?


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Re: Divorce - Clean Break Agreement
« Reply #2 on: January 04, 2012, 05:48:40 PM »
Concur on the comment about your solicitor, but certainly my understanding is that if both parties have reached an agreement the courts will be unlikely to stick their oar in - divorce cases are expensive and legalistic enough as it is, and so anything that keeps things simple and agreed by both sides tends to be smiled upon.


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Re: Divorce - Clean Break Agreement
« Reply #3 on: January 15, 2012, 08:58:59 PM »
I'm a divorce Solicitor - I think it very unlikely that on those facts, the Court will interfere.

The fact that you committed adultery is quite irrelevant to the Court.
« Last Edit: January 15, 2012, 09:01:18 PM by Blowtorchevans »


Re: Divorce - Clean Break Agreement
« Reply #4 on: January 15, 2012, 11:15:28 PM »
Your wife seems like a very reasonable woman...more than I would be I think! ;D ;)


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