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Clean break and consent order

Posted by Tarar 
Clean break and consent order
September 06, 2022 07:09PM
It was a short marriage of 5 months with no-kids and no-assets. Both earning, although my spouse earns less than I do. I paid for majority of the expenses when we lived together. But anyway, I am not asking for my money back, all I need is an understanding that nobody can claim anything in future.
I am planning to hire a lawyer for financial consent order.

1. What are the exact steps involved in getting clean break?
2. Who will start disclosing finances first? or is it done in parallel?
3. Does my spouse also need a lawyer (if willing to contest/negotiate)?
4. What happens if my spouse is not willing to complete paperwork?
5. I don't see any grounds on which my spouse can claim money, but do you see any?
Re: Clean break and consent order
September 07, 2022 10:36AM
1. You need a court order within the context of a divorce. This court order can embody terms of settlement which have been agreed between you but you need a court order to dismiss all claims arising from the marriage once for all.

2. It is done in parallel although it would be an odd marriage where neither spouse knows anything about the financial circumstances of the other.

3. It is not essential but he/she would be well advised to have any terms of settlement checked properly before signing anything.

4. Then, if the circumstances justified it, you would need a court application which takes a considerable length of time and incurs significant cost.

5. Impossible to say without hearing what your spouse has to say. These are, after all, the facts as presented by you. Possibly your spouse may see the situation differently. This is not uncommon.
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