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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Please can you advise ... During my divorce, which was finalised

Resolved Question:

Please can you advise ... During my divorce, which was finalised around three years ago, I was unable to pursue a fair settlement due to my financial and family circumstances at the time. I did not want to divorce at that time as my daughter was seriously ill and needed a lot of extra care. My (now ex) husband had the financial means to string out the process, whereas I did not as he was fully aware. It is a long and convoluted story, but basically my solicitor urged me not to settle as it was heavily weighted in his favour, but I had already borrowed money for my fees and could not continue the wrangling as I was only working part time and had no savings of my own. I had no choice and my ex pressurised me to settle before full and frank financial disclosure was made. Additionally, he claimed that he was not in another relationship, but in fact he had been for years and the same woman moved in with him about a year later - they are very comfortably off, with high salaries and a lavish lifestyle. I, on the other hand, have been struggling to exist ever since, and my lifestyle is a million miles away from what it was when I was married. Is there any possibility of re-visiting/appealing the order at this stage to try to effect some semblance of retrospective fairness? Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you mean that you agreed to a Consent Order which was sealed by the court?
Clare
Customer: replied 3 years ago.

Hi Clare


 


A Consent Order was made - we attended the court hearing, at which I made it clear that I had no choice other than to agree.


 


Thanks


Sophie

Expert:  Clare replied 3 years ago.
Hi Sophie
Do you have any evidence that he hid assets that you were not aware of at the time
Clare
Customer: replied 3 years ago.

I don't have hard evidence, but as a company director I know he had shares, etc and the fact that he didn't disclose all his financial information, I believe is an indication that there was reason for him not to.

Expert:  Clare replied 3 years ago.
Hi
Were you mentally competent at the time?
Clare
Customer: replied 3 years ago.

I was under great stress, mentally and emotionally as I was struggling to maintain "normality" for my children (particularly my eldest daughter who was seriously ill with an eating disorder). I had bouts of depression but can't recall if I was on medication at the time of the court hearing. I was completely exhausted in all respects and unable to do anything more

Expert:  Clare replied 3 years ago.
Hi
Then I am so very very sorry but there is no action that you can take to rescind or revisit the Consent Order unless you have actual evidence of assets that he failed to disclose
I do understand why you agreed it - but sadly there is no going back now unless, as i said you have conclusive proof of assets that he actually hid from the court
I am sorry not to give better new - do please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Clare, I thought that would be the case, but wanted to get clarification from an expert.

Expert:  Clare replied 3 years ago.
Hi
You are welcome - I wish I could have given better news
Clare

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