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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
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Experience:  Award winning lawyer with over 15 years experience
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I want to get a divorce after 1 year and 10 months of marriage.

Resolved Question:

I want to get a divorce after 1 year and 10 months of marriage. Do I need to bother with a clean break order seeing that I own everything and my wife didn't live with me until we got married? it's unlikely that she'll get much from me if she wants to try isn't it? Will she be able to get legal aid for a solicitor in the case of a financial settlement?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to RATE once you get my answer.

After such a short marriage where there are no children you will basically take out what you put into the marriage. I would always have a clean break marriage. She should not get legal aid for the financial settlement from what you have written.

I hope that this helps

Please rate
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 8759
Experience: Award winning lawyer with over 15 years experience
Thomas Judge and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I think the problem I have with a clean break is that I would only offer her a small amount and she won't accept it. If I left it and she can't afford a solicitor to sort the financials in court then surely that's ok. Yes she could come back one day and get some money from me but its surely not going to be much. I don't want anything from her she wants lots from me - she doesn't have any money and doesn't want a divorce so I don't see her dealing with this
Customer: replied 1 year ago.
Do you agree with what I say in my situation for not using the clean break?
Expert:  Thomas Judge replied 1 year ago.
I would always do the clean break - it is the appropriate resolution.
Customer: replied 1 year ago.
I'm not sure how a clean break order works. Can you clarify?
Expert:  Thomas Judge replied 1 year ago.
A clean break order specifies that there are no ongoing obligations between a separating couple. It is important that this is properly drafted and filed at court in an appropriate fashion.

Once the order is drafted, it is then signed by you, your partner and any legal advisers.

In addition, a statement of information form needs to be completed.

Please rate
Customer: replied 1 year ago.
What happens if she refuses to sign a clean break? In a clean break do I specify an amount of money she can have of me? What's a statement of information form?
Expert:  Thomas Judge replied 1 year ago.
Hi - If there is a clean break order then you are protected against any future claims as they will have been dealt with within the proceedings. You should be able to agree this with her or it can be dealt with through the courts - the purse of the order is to resolve all matters, so if you propose making her an offer then it is now.

Please rate as this is a new question
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 8759
Experience: Award winning lawyer with over 15 years experience
Thomas Judge and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
The problem I have is that she won't accept a reasonable offer. She will only accept an unreasonable offer. If I want this order to go through I'll have to pay for court?
Expert:  Thomas Judge replied 1 year ago.
If matters can not be agreed between the two of you then the matter will go to court. If you have made a reasonable formal offer in writing and she does not accept and gets less then she could be liable for your costs. So this can be used to put pressure on her.

Please RATE for the additional assistance
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 8759
Experience: Award winning lawyer with over 15 years experience
Thomas Judge and other UK Family Law Specialists are ready to help you

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Thomas Judge
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