Judge fairness

Me and my husband are going through a fairly amicable divorce. He has got 16K worth of debt (previously 26k but we split our joint account and he paid off 10k). We have no assets but do have a young child. We would like a Clean Break order but will the judge deem this as fair? I have my own separate savings but am worried the judge will not approve a clean break as on paper, it doesn't seem fair that he is in the minus' and I have a fair amount put by. Will I lose all my money? We were married for 3 years. ​

You will get a clean break order but not necessarily on the terms you describe. A 'clean break' is where all future financial ties are severed (expect in relation to children which is governed by the CMS).

If you mean Consent Order with a clean break then your mileage may vary. A judge might raise questions in relation to the proposed order and may even call a hearing.

If your ex completely understands the situation and that he could achieve a better settlement if decided by the court, but he still wants to proceed then the judge will likely accept the proposed terms as the amounts are relatively small.

The earnings capacity will also have an effect on the judge's view. If you ex earns more that will make the proposed order more palatable.

Charles