Clean Break

Hi everyone, I am not sure if I am in the correct category so I will explain my situation and if I am not, could someone point me to the category I need... Decree Absolute granted in February 2005 and a Financial Dispute Resolution Hearing in April 2005. Result of the Hearing was that I pay my ex a sum of money as we were buying a house together, I remortgaged and paid her. I have recently, after 17years received a message from her where she is saying that she is entitled to half of the profit I made when I sold the house last year. Surely this is not correct. I have my paperwork from the divorce but I cannot see the actual words " Clean Break " on them, just a lot of jargon that probably means that. It has been a long time but I am pretty sure it was a clean break. What should I be looking for ? Any advice will be much appreciated.

Clean break is a simplified term that is used but is too simple to use in the legal sense.

What you need to look for is something like this:

"The parties agree that the terms set out in this order are accepted in full and final satisfaction of:
a. All claims for income;
b. All claims for capital, that is payments of lump sums, transfers of property and variations of settlements;
c. All claims in respect of each others pensions;
d. All claims in respect of the contents of the family home / [insert] and personal belongings including but not limited to furniture, art work, jewellery and motor vehicles;
e. All claims in respect of legal costs including those of the divorce/dissolution proceedings;
f. All claims against each other’s estate on death;
g. All other claims of any nature which one may have against the other as a result of their marriage/ civil partnership howsoever arising either in England and Wales or in any other jurisdiction"

That exert is from the current template order produced by the Court service. Paragraph (b) is the most relevant.

Charles

Was the property transferred to your sole name on payment of the lump sum??

If the order was as set out above then she is mistaken in her belief she is due further funds.

Hadenoughnow

Thank you, both Charles and hadenoughnow for your replies.
Charles... I do not have any paperwork that is worded in that way but I may have just lost it.
Hadenoughnow... The property was already in my sole name.

I am just hoping that because she filled in form E and put clean break
in part 5.1 and then we went to court for a Financial Resolution Hearing, that when it was dealt with and we agreed on the sum I would give her, a clean break was part of the overall outcome.

What you need is a final order to conclude matters. When you reached a settlement at the FDR what happened after the hearing?

If you were represented by a solicitor they would have arranged to draft an order agree it with your ex and submit it to the court for approval.

If you think that reaching an agreement then paying some money is the top and bottom of it, that's not the case. In that case you have an agreement but not a formal agreement.

Charles

I have finally received a copy from the court of my Consent Order but it is not worded as Charles has pointed out. for example the list mentioned A - G is not on it.

What it does say is as follows.. AND UPON the Aplicant and the Respondent each undertaking not to issue proceedings against the other under the Married Womans Property Act 1882.

IT IS ORDERED THAT upon compliance with paragraphs 1&2 of this order and any undertakings given by either party's claims against the other for maintenance pending suit,periodical payments,secured periodical payments,lump sum for themselves and property adjustment orders do stand dismissed and neither party shall be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act 1973.

Persuant to the Inheritance Act 1975 section 15 the Court considering it just so to order neither the Applicant nor the Respondent shall be entitled on the death of the other to apply for an order under section 2 of that act.

I am the Resondent, does my ex have any rights to claim anything from me ?

On the face of it, it would appear that all claims would have been dismissed once paragraphs 1 and 2 (whatever those are) were completed.

However, it's not 100% clear from the information provided.

Charles