My partner does not have a clean break order

Hi All,

I need your advice regarding ''Clean Break order'' and its impact on a future marriage to a man whose previous divorce didn''t include a clean break order.

My partner and I have been together five years after his divorce and hope to marry. However he does not have a clean break order in place with his previous spouse. Our concern is that if we marry, our assets will be joined and his ex wife can claim settlement (which will include my money) as they do not have a clean break order.

Here are some facts to help advice if a non existent clean break order will leave me financially exposed?
1. MY partner and his ex wife were married for a little over three years Nov 2007 - March 2011

2. They have one child together born 2008. He has always provided for his daughter in child maintenance and in addition contributes voluntarily to a child fund in her name. He has never defaulted on any responsibility in the seven years since her birth even after the divorce.

3. At the time of the divorce his lawyer didn''t suggest a clean break order claiming that as child maintenance was involved he couldn''t get one. Not sure if this is true? He never asked his ex wife as his lawyer never recommended it. So we don''t know if she would have agreed.

4. His ex wife insisted she didn''t want any settlement for herself or spousal support at the time of their divorce claiming that she never married him for money.

5. His ex wife never worked her entire life until a year ago when she was forced to find work or lose her benefits from public funds. She came into the marriage with no money and left the marriage only when the house had been mortgaged twice and all cash funds had dried out.

6. She claimed DV against him when they separated in 2011 (and later withdrew her allegation) to step up on the council housing ladder.

7. She now has a live in partner who works full time and has adjusted well to life after divorce financially and emotionally.
8. Since the divorce my partner did well professionally and has recovered from the huge financially setback he suffered trying to please his ex wife.

Our concern is that we cant invest in a new home or sell our existing home until this clean break order is in place and are afraid to get married so as to not impact me financially.

Is a clean break order absolutely essential to keep me and my finances safe?
Can we get a clean break order even if he is paying maintenance for his child voluntarily?

The Court cannot touch your own income or assets.

As far as child maintenance is concerned, that is a statutory obligation and is only rarely included in a financial order for this reason.

It is possible that your cohabiting could lead to a maintenance order against your partner that might be a little more onerous than it would otherwise be.

Since I''m off for a break the rest of the week, this is a rather minimalist reply.

But if your partner divorces with no financial settlement he is taking
a risk.

If you PM me by the weekend I might be able to reply more fully.

LMM

Do they have any joint owned assets? If there is a house in joint names that will need to be sorted out if he wants to sell.

Hadenoughnow

Hi,

Thank you for your response. There are no shared assets or bank accounts.