Hi,
I am just starting to dsicuss how we split our possessions and don't really know where to begin. I have been the main breadwinner and paid for most of the bills and mortgage over the last 10 years. We are splitting up and I will have care of my 12 year old daughter & remain in the house. My husband will have two flats (one of which he'll live in).
Am I en­title­d to the house if the value is equal to that of the two flats?
How does a clean break actually work and can we do it with a child?
Loads more questions but these are a good start.
Thank you whoever answers

Mary

On the face of it what you suggest sounds very reasonable. But are there other assets ?

A clean break occurs where all the parties' financial affairs are sorted out during the divorce, so that everything is taken care of and neither spouse can make any claims against the other. In particular there is no ongoing spousal maintenance.

Can you have a clean break for a child ? Definitely no.
He has a statutory obligation to pay child support and
cannot contract out of it or be relieved of it.

I would advise you, even if you are the higher earner, not to agree to a clean break at this stage. It is possible to get what is known as a nominal order under which he is ordered to pay, say £1 a year, but the point is that it can be increased if you lose your job or fall on hard times. Many judges will insist on this where children are involved and won't sign off a consent order without it. Strictly this is not a clean break because spousal maintenance can revive.

Mike

Thanks that's really helpful. I did wonder about setting up an account for our daughter into which he could put his half of the years school fees (and I would do the same). That way he wouldn't have to pay every month and we'd both know the fees were going to be paid.
Can we really agree between oursleves how things are divided?

Yes, of course you can, and it is something to be encouraged wherever possible as it saves costs, which can be quite substantial.

One useful tip though, is to make sure that whatever you do agree is embodied in a Court order giving effect to what you have agreed and making it legally binding. This is known in the trade as a consent order.

Another word of advice. You can always conclude an unfair deal quickly. Do make sure your agreement is a fair one.
From what you say, it sounds OK but I would check it with a solicitor. You will probably need a solicitor for a consent order. You can have it done on line for a fee which, as far as I can see, is extremely reasonable.

Mike

I'll see how we go on tonight and tomorrow and if it doesn't seem to be as easy as I hope then I may need more help.
Thanks so much for your help this evening.

may i please take part and alos ask a question ...

so can spouses agree to a financial split and obtain the court's consent supporting this after seperation but prior to the divorce proceedings (ie during the 2 years period -assuming no cuase exists )

A financial order made by the Court of divorce does not take effect till the decree absolute.

It is possible for you to have a separation agreement incorporating agreed financial terms and turn it into a consent order at a later stage. Provided that

1. There was full and complete disclosure of the financial position of the parties
2. Both parties had access to independent legal advice ;
3. Both parties had time for reflection before signing the agreement ;

there is a good chance that the Court would approve it and convert it into a consent order, but there can be no absolute watertight guarantees.

There is a thread on this topic ; not sure what the ­title­ was but it concerned the leading case of Edgar v Edgar, which you might find useful.

Mike