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Do I need to have a 'clean break' to safeguard my pension fund from future claims by my ex-wife?
I am starting divorce proceedings but it is a simple divorce where everything has been legally divided with the help of a Solicitor. Do I also need to have a 'clean break' to safeguard my pension fund from future claims by my ex-wife, or is it automatically protected by being divorced?
Your pension will not be protected by virtue of being divorced only.
Where there are no outstanding financial issues, or financial issues have been agreed within the divorce proceedings, it is advisable to consider obtaining a clean break Consent Order once the Decree Nisi has been pronounced. The Order will finalise financial matters once Decree Absolute in the divorce proceedings has been granted.
Such an Order will prevent both you and your wife from attempting to make a claim against each other for financial provision should either of you have a windfall by way of inheritance, lottery, etc. in the future.
A clean break Consent Order will sever all financial ties between you. In order to enter into a clean break Consent Order you both need to agree and then it is necessary for both you and your wife to complete Statements of Information giving brief details of your financial positions.
We can refer you to Solicitors who provide family law services on a fixed fee basis. Please reply to this email if you want to use this service.
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