Is a clean break included in a standard divorce?

Question

My husband & I split up over 4 years ago then divorced 2 years later. We had no assets to divide & everything was amicable regards access to our son. Therefore we just got the papers from the court & I filed for divorce. We had our decree absolute within 3 months & it cost around £300.

My question is this, Is a clean break written in the standard divorce papers? I can't remember what was in them & we had no property or money to split. But now my ex-husband has stopped seeing my son & stopped paying child maintenance so it has gone through the CSA but my solicitor said I could apply for Spousal maintenance (as I'm on disability benefits & don't have much money) but only if we didn't make a clean break order.

I have no idea what this is & I have no idea whether we signed one either. I know at the time I wasn't after any money from my ex other than child support but is the clean break thing a seperate order or just a section of the standard divorce petition?

Thanks x

Answer 1

A 'clean break' is definitely a legal term in England (don't know about the rest of the UK). It means that you both have a clean break from each other and what was decided at the time of divorce is final and there's no comeback under any circumstances after the decree absolute



Have you still got your paperwork? It should say on there whether there was a clean break or not, although I have to say I suspect not in your case because it's normally either party's solicitor who requests it. If there's no mention of one on the paperwork then there won't have been a clean break



Having said all that, I think you're unlikely to get spousal maintenance after your divorce - you needed to ask for it at the time

Answer 2

That is rough and I don't have any experience with which to share. All I can think to tell her is that they just don't understand and kids tend to make fun of things they don't understand. Reassure her that this shall pass and she will soon grow her hair long and beautiful again and that she wouldn't want friends like that anyway. I am so sorry, I wish I could say the right thing to you, I just don't know. I am however right in line with the people who mentioned an assembly, kids are not fair at that age and most likely have no idea of the danger she faced. It is sad to know that is her reality. With regard to the assembly, I would have to give more thought about "the theme". I am not familiar with what is considered appropriate subject manner in elementary schools these days, for instance consider having one during cancer awareness week. Call an assembly, possibly with a doctor as the speaker, teaching about how it can affect anyone even young children and also make the point of how brave and positive one must be during treatment and how lucky the school is to have such a brave survivor in their school, highlighting your daughter of course. More kids would then recognize her as having been "sick" and is surviving with her life and wont tolerate others "picking" on her. She should, theoretically, have more kids saying hi to her than ever befor and more friends too. Come to think of it, why wait for cancer awareness week, just do it now. Your daughters story could be included in many "themes" I suppose, like bravery or how strong the human body is. Find out what assemblies are scheduled for the rest of the year with the principle and take it from there. Emplore him or her to brainstorm with you to address this situation. This is just off the top of my head. I do hope you can find the help your looking for. My heart goes out to her and your family.

Answer 3

Never heard of that either.