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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My Decree Nisi has been issued by the courts and the financial

Resolved Question:

My Decree Nisi has been issued by the courts and the financial settlement has also been lodged withe same court.
My decree absolute should be issued in 4 weeks time
Can I now challenge the financial settlement and get it altered?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

On what basis do you want to challenge the financial settlement?

Customer: replied 2 years ago.
My agreed settlement was taken out before I realised that she had been using the account to pay off her credit, which I came off in late May. The amount is approx. £4,500
I'm also supposed to make this particular up to a nil balance from the proceeds of the sale of the house.
Finally, I've realised, that I will have to pay for all the costs of selling the house which includes the conveyancing and estate agent fees, which I feel is no longer fair
Expert:  UKfamsol replied 2 years ago.
Hello again

From what you say, a draft consent order signed by both of you was filed at court two weeks ago. It therefore likely that by now, the court has approved the draft, and made the order, and entered the order onto the court record. So in all probabilty, there is now a binding court order in existence.

In order to appeal against that order, firstly you must do so quickly (which you would be doing, so that is not a problem) but in order to have any chance of succeeding, there must be new events that have occurred since the making of the order which invalidate the basis, or fundamental assumption, upon which the order was made, and those new events must have occurred within a relatively short time of the order having been made.

In your case, the new event would be your discovery that she has used the joint account to pay off her credit card debts.

However, the key issue is whether her paying off her credit card debt to the tune of £4,500 "invalidates the basis or fundamental assumption on which the order was made". There's no scientific formula to answer this question - but you need to consider the sum of £4,500 against the total value of all the assets to be divided between you.

In addition, and very importantly, you need to consider the legal costs that you would incur, if you challenge the financial settlement at this stage. I would STRONGLY advise you to get legal advice before deciding whether or not to appeal the order. If you do, it may or may not be possible to to reach a fresh agreement - if you can, it should be possible to jointly apply to the court to amend the order by consent of both parties. If you cannot reach a new agreement, and the matter becomes contested, your legal costs will soar, and not only that, but the court process will takes many many months to get to a final contested hearing, and even if the courts make an order more favourable to you at the final hearing, you are unlikly to get an order at the final hearing that she pays your costs.

Mediation may help - but anyway the court may insist that mediation is attempted before the full court procedure for contested proceedings is started. Here's where to find a local family mediation service:

http://www.familymediationcouncil.org.uk/find-local-mediator/

Here's where to find a specialist family law solicitor:

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.


Thanks and best wishes...





















Customer: replied 2 years ago.
That's what I suspected
Can you also help about her having access to the current marital home??
Expert:  UKfamsol replied 2 years ago.
As this is a separate issue which also needs a considered reply, I would be grateful if you would kindly make a further deposit, or accept my current answer and put this as a new question - thanks.
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
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