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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Can a final court order be overturned?

Customer Question

I was given a 'final court order' which I have never seen in Oct 2010 prior to deployment to Afghanistan. Part of the agreement was I was to retain a house which was a family asset and pay my ex-wife £25k by 30 Nov 2014. At the time I was unhappy with what was agreed, I was enduring a period of much stress and had not had contact with my daughters for some time because their mother was refusing contact.  The house had been sold in Aug 10 STC but she refused to sign the contracts, therefore I am now stuck with a house I cannot afford; I have handed the keys back to the lender.  Her solicitor is saying that whatever happened before the court order is irrelevant, is this the case?  Am I in breach of the order and, her solicitor has said I could go to jail!


 


In 2012 I suffered a mental breakdown and have been suffering ever since; discussed during the Medical Discharge Board from were various elements of my military service and external stressors, those being the very acrimonious divorce, denied access to the children etc. which resulted in the recommendation that I am no longer fit for military service but noted I "appears to be on a high achieving career trajectory".


 


Can 'Final Court Orders' be overturned? Mental breakdowns don't happen over night, I am still under medical supervision and, I believe that when this order was made I was not in any fit mental state to agree with it.

Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hi Nicola,


 


I'm happy to wait for an answer.


 


Regards,


 


David Evans


 


 

Expert:  Nicola-mod replied 3 years ago.
Hello David,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Please confirm that this was in fact an Order that was agreed by Consent and that you agreed to
How much is the house worth and how much is outstanding on the mortgage?
Claire

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