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Clean break - or not???

Posted by Concerned dad 
Clean break - or not???
January 02, 2021 11:41PM
Further to my earlier post, I am about to apply to for a court hearing to finalise my divorce hoping for a clean break and decree absolute.

My wife has not been forthcoming in financial proposals and refused to take part in mediation, suggesting an entirely unreasonable offer the day of my first mediation meeting / assessment.

I’m hoping a lot of cost will be saved and she will agree to my proposal before court. If this doesn’t happen I think it’s possible that a nominal spousal maintenance payment may be awarded, but at what point in the future regarding an increase in earnings and circumstance would the situation be reviewed?

If I took out a joint mortgage with my new partner would this be seen as an asset my ex would be entitled to? If I remarried would my new wife’s earnings be taken into account? If I was to have any further children with my new partner would this effect the situation? I don’t want my life to be put on hold for fear of my ex always subjecting things to a review and further entitlement
Re: Clean break - or not???
January 05, 2021 09:28AM
Assuming a court thought it appropriate to award nominal maintenance there would have to be a significant and material change of circumstance to justify making an application for substantive maintenance. If, say, at the time of the court order the paying husband was an airline pilot who happened to be out of work it could well be appropriate to order nominal maintenance in the expectation that the wife would make an application for substantive maintenance once he was in full time employment again.
Re: Clean break - or not???
January 05, 2021 04:53PM
I’m thinking along the lines of either;

Being promoted in work and receiving a raise of approx £5-10k pa, or;

Remarrying and having a substantial increase in household income.

Do you think this will have any impact on the divorce?

Ps great forum, really helpful.
Re: Clean break - or not???
January 06, 2021 10:16AM
>>Do you think this will have any impact on the divorce?

I doubt if it would have any impact upon an order for nominal maintenance, no.
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