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Clean break settlement

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20 Sep 09 #147845 by sponsor
Topic started by sponsor
I have a Clean Break settlement with my ex. I cannot raise the lump sum settlement and my assets have reduced in value significantly since last year when we were in court. In the meantime, I'm paying over 65% of my nett salary to her for rent and maintenance. 2 of the 3 children are my step children yet I pay maintenance for all 3 despite neither other parent making any contribution. My ex has now started working and I'm sure is receiving other government benefits - although I have no way of confirming this.
Because of the amount of money I'm paying out, I'm struggling financially and getting further into debt just to get by.
I have also met someone very special and want to settle down with her but simply cannot as my divorce settlement is too punitive.
Any ideas/advice please?
Thank you.
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20 Sep 09 #147860 by redoctober
Reply from redoctober
Hi sponsor,

You need to re-visit the agreement that you made, which, by the way, does not sound like a clean break at all. ( In a clean break, there are no maintenance payments - unless they have been capitalised from the outset - and there are no child maintenance payments. )

Do let your x know about your financial difficulties and maybe you can arrive at an amicable solution that way.
Do try and find out more about your x's present employment - difficult, I know - so that you have a better idea about her financial situation.
DO NOT suddenly and without prior warning cease payments or drastically reduce them, as the courts do not like this.

If there is no joy in communicating with your x regarding this, then I am afraid you will have to go back to court for a variation.

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20 Sep 09 #147861 by Ephelia
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Do you have a formalised Consent Order in place?

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20 Sep 09 #147864 by sponsor
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The clean break hasn't been finalised yet because I can't raise the cash. We have a court order in place at present which covers maintenance and rent for my ex, my child and the 2 step children. Nether of the real parents provide for thei own children. I think this has been a combination of my wanting some closure and poor advice.
There's now way my ex would give me any details of her income, benefits etc.
How easy is it tp get a variation?
Am I liable for her further legal costs (she's not yet paid her divorce legal bill yet).
Also, am I guaranteed to get a variation or would this simply be a punt?
Thank you for the reply Red.
Off out with the kids now so will catch up with you later.
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20 Sep 09 #147916 by sponsor
Reply from sponsor
Hi. Yes, we do have a consent order in place. The problem is I simply can't afford its just now. Thanks for your interest. Sponsor.

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