Dear Sir or Madam, My ex husband filed for a Financial Order and after three court hearings at Chelmsford County Court, I lost the final court hearing on 9th June 2014. I have been ordered to sell the matrimonial home, to be marketed by 9th September. I lost the court hearing because I do not have the financial means to support the overheads and mortgage and therefore cannot get a mortgage in my name only, for the purpose of keeping my five year old daughter settled. I would like to appeal to retain our home. I would like to know the following please:- 1. How much time do I have to appeal? 2. Once I change my circumstances would it be worth my while appealing? I hope to do this by getting a job to pay a mortgage of £1020.00 per month. 3. Are final judgements ever revoked, if circumstances change? Yours faithfully Angela XXXXX Please
I am happy to wait, as long as, the waiting time for you to reply, does not exceed the time I have left, to file an appeal at court, which was one of my questions.
Hello and thanks for your question.
You have 21 days to appeal a final order in a matrimonial case – but you also have to first obtain leave to appeal (application made at same time as the appeal). The grounds for appeal must be either that the judgement was wrong in law, or some crucial piece of evidence was not before the court at the time that the order was made. I'm afraid from what you say that neither of these apply to you, so I doubt very much that you will be granted leave to appeal, but even if you were, I doubt very much that you will succeed in overturning the final order on appeal. I'm afraid that saying that you are “hoping to get a job” is far too vague for the court to take into account in making its decision. You would be much better off taking a copy of the order to your local authority and getting your name on the housing list as soon as possible.
There is no benefit to help with mortgage payments, but you might qualify for housing benefit to help with rental payments. The Citizen's Advice Bureau can help you with that:-
With regard to getting the order changed if your circumstances changed, it is EXTREMELY unlikely that the court would change the order in relation to the house. If the final order includes any lump sum payment, eg out of the net sale proceeds, then the court has no power to change the order. If the order contains an order for any regular payments (called periodical payments) these CAN be changed if either party's circumstances change and either one of them brings the matter back to court. In addition to any spousal maintenance ordered, your ex will have to pay child maintenance. If that is not included in the order, then look at this government website for more information:
I strongly advise you to comply with court order re marketing the property. If your ex alleges to the court that you have been obstructing a sale, then you risk the court enforcing the order against you which is likely to include a costs order against you.
I also strongly advise you to get some face-to-face legal advice as soon as possible. Here's where to find a specialist family law solicitor:-
Take a copy of the final order and the judgment with you when you go to see the solicitor,
I know this was not what you wanted to hear, but it would be wrong of me not to be straight with you. I hope this helps anyway and I wish you the best of luck.
Thanks and best wishes...
Thank you, ***** ***** decided to go ahead with the sale, and already have appointments for estate agents to view the property from tomorrow.
I appreciate your detailed and specific response and as I have another property, I would not require housing benefit.
I have rated your service as excellent, thank you.