Can I write up my own 'clean break' agreement?

Question

I am looking to carry out my own divorce (in the UK). I am happy with all of the forms that have to be completed as well as the processes, but I do have a problem with needing a clean break agreement. Our 2 children live full time with me and only see my ex sporadically, which is his choice.

Since my ex and I split, I have bought my own home (we never owned a home together). I have recently had an award from the CSA, which has to be claimed from his earnings as he initially refused to pay. In addition to this he owes me £10,000 from the break up of the marriage and in back child support, which I accept I'll probably never get back.

I need some help in drawing up a clean break agreement so that he can have no claim on my house or future pension. In return, I want no claim to any future pension, etc that he has. I know that there are on-line divorce specialists, but I was hoping to be able to write up the agreement myself.

Can anyone help???

Answer 1

Sure, I can give you some specific advice.

GET A LAWYER!

I do not practice family law, but I have a good friend who does, and he makes a LOT of money trying to sort out problems caused by mistakes made in 'DIY' divorces done through online 'divorce kits' or sets of forms from the local office supply store.

You own a house, bought, it would seem, PRIOR to the formal dissolution of the marriage. You are expecting a pension at some time in the future, some of which may well have been funded by money you earned prior to your breakup. Both of these are assets that he 'might' have a future claim on.

If in the future HE hires an aggressive lawyer to challenge the validity of your 'clean-break' agreement, how confident are you that your DIY lawyering is better than what a divorce law specialist can come up with?

You have thousands, probably tens of thousands, of pounds at stake..... pay a couple of hundred quid to protect them.

Richard

Answer 2

I would take Richards advice.You should also be aware that there is a Practice Direction in force in many (all ?)  Divorce Registries which requires unrepresented parties to obtain legal advice before Consent  Orders (which must be endorsed by the advising solicitor) will be sealed.