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I am due to sign a joint mortgage with my new partner but he does not have a clean break Order, could his ex-wife claim against my home?

Does my new partner require a clean break Order from his ex-wife? He pays maintenance for his children and has been divorced for three years. I am due to sign a joint mortgage with him and am worried in case his ex-wife claimed against my home which has a large amount of equity in it.

If there are no outstanding financial issues within the divorce proceedings then once Decree Nisi has been pronounced the  parties should consider obtaining a clean break Consent Order which will finalise financial matters on Decree Absolute.  Even when Decree Absolute has been granted it is usually still possible, save for certain eventualities, for parties to seek a clean break Order. 

Such an Order will prevent your partner's ex-wife from attempting to make a claim against him for financial provision in the future, including against your property if you are putting your partner's name on the Deeds.

A clean break Consent Order will sever all financial ties between them. In order to enter into a clean break Consent Order your partner and his ex-wife both need to agree terms. It will then be necessary for them to complete Statements of Information giving brief details of their financial positions.

We can refer you to Lawyers who will 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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by Maria Mason last modified 2008-06-25 17:03

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