If I don't want anything!

Hi Nisi being pronounced on 23rd November. After that a Clean Break order needs to be put in place before Absolute.

How likely is the judge going to accept that I do not want anything financial from stbx? I am not after spousal maintenance or pension split.

Background:-

Length of marriage - 15 years (split at 13 years)


Children - 2 currently aged 13 & 9 live with me.

Assets - marital home - mortgage £180k (£971.12 mortgage payments per month ) very little equity (bought at peak 3 and a bit years ago). Stbx no longer on mortgage - did transfer of equity 2 years ago. My father came on mortgage with me so I could stay here (I pay everything). Ex got personal cheque from Dad for £10k (half equity). Solicitors were involved.

I believe ex has saved a lot since living back with his parents, maybe £50k. He could definately house himself.

Debts - No joint debt but I personally have overdrafts and credit card bills that I can just about pay minimums on - not behind on bills but everything a struggle.

Ex pays me child maintenance of £350 month (think should be more in time due to him having children a bit less than few months back - CSA calculation).

My salary - approx £20k - his £33k.

Any advices welcome - Solcs tell me I am mad not to go for proportion of his pension but I do not want a single thing from him for myself.

Hi me again

Is there anyone that has been in a similar situation which can give some idea?

Thanks

What happens is you have a Consent Order drafted then agreed by you both, then you both complete form D81 statement of information for consent order, this provides brief detail of assets and income you both have, if the judge reading the order thinks its simply unfair you will both be asked to court to explain how you arrived at the settlement, worst case the judge will refuse to seal the order.

The judge has a duty of care to both so no rash decisions are made, however if you can convince the judge your not mad you do understand the ramifications of agreeing the order it may be sealed, that said the judge must be sure the order considers the interests of the children.

Thanks Dukey!