What to do

Hi

After helping me get thru my divorce, for which I shall be forever grateful, I am back again asking advise for my best friend. Same old story, buy the nitty gritty is: Married 15 years, no children, no pensions. she small part time job, he on 30k, he has moved out but still pays the mortgage and bills. 50k on property worth 170k. He says she can have the equity when sold, he happy to walk away with nothing. Question is... does she get a Clean Break set up now, before he changes his mind, before he realises he needs the money or new girlfriend talks him out of it! Or does she go for maintenance, and a share of equity, or what?

Please help to say what the best way to approach this is.

Many thanks Joy.

Once she has the Decree Nisi they can have the financial agreement drafted as a Consent Order that then goes to court with a short form called D81 which gives a snapshot of finances, if the judge agrees the the order is fair/ish it will be sealed and becomes legally biding upon the Decree Absolute,

With no children if they both agree clean break i doubt a judge would argue, there is some argument for a nominal order for her should she fall on hard times, something to think about.

So she would have to get the Nisi first?

Thanks for the reply, by the way

She doesn't need the Nisi to agree the finances but the consent order has no teeth until the Absolute is granted so most peeps have the order drafted after the nisi then six weeks and one day later apply for the absolute which gives court time to seal the consent order in the time between nisi and Absolute.

Oh so until the Nisi and the draft are put in place, he can change his mind, then?

[

A consent order is an agreement made by both spouses, both can change their mind up to the point it is sealed by a judge.

The only other way it is completed is if no agreement can be made and a judge imposes one at a final hearing - not the way to go unless they both have thousands to throw away.

Ok, thanks for that Dukey, now she will know which way to go.