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Ask Kasare Your Own Question
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 the terms of a divorce ever be altered or changed

Customer Question

Can the terms of a divorce ever be altered or changed
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your problem please?
Clare
Customer: replied 2 years ago.

My wife was awarded the family home in our divorce but now my two daughters live with me, she pays nothing towards them and has nothing to do with them at all, its fair to say she does not have their best interests at her heart, can I apply living/ownership rights to the family home two daughters and myself, I am lead name on the mortgage and title deeds

Expert:  Clare replied 2 years ago.

When was the Financial Order made and how old are the children now?
Clare
Customer: replied 2 years ago.

21 at uni and 15, the finantial order was made 5 yrs ago but I've had my kids with me years . . . thanks

Expert:  Clare replied 2 years ago.

What are the terms of the order regarding the property?
Clare
Customer: replied 2 years ago.

Not 100% on the wording, I'll source the document, as I remember it was quite casual

Expert:  Clare replied 2 years ago.

It is the wording that is crucial
Clare
Customer: replied 2 years ago.

sorry delay, here is the text you requested

The property shall be sold at a date and price to be determined solely by the applicant (ex wife) and the net proceeds of the sale thereof following deduction of all costs shall be paid in their entirety to the applicant

Upon the applicant receiving the monies its the courts intentionthat the terms of this order shall be in full and final settlement of all claims under the terms of the matrimonial causes act 1973 . . . . does this help?

Expert:  Clare replied 2 years ago.

Just to check - you are still on the mortgage?
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

I am the lead name, approx 160,000 outstanding worth approx 220,000 . . . thanks

Expert:  Clare replied 2 years ago.

As a default would you be content just to force the sale so that you are released from the mortgage?
Clare
Customer: replied 2 years ago.

Its all about my kids, she can have the house but upon the sale of the house or my ex wifes death I would like all the proceeds to go to them as it was their family home

The ex has stated that the kids will get nothing, I would rather give the house up than my ex get everything and my kids get nothing . . . thanks

Expert:  Clare replied 2 years ago.

How much is the house worth and how much is outstanding on the mortgage.
What other assets did you retain?
Clare
Customer: replied 2 years ago.

The house is worth about 220,000 with 160,000 still owed, approx the same as when I left, I left with my personal belongings and that's itit . . . .thanks

Expert:  Clare replied 2 years ago.

Did you retain a pension?
Clare
Customer: replied 2 years ago.

its worth yes, I'd gladly swap

Expert:  Clare replied 2 years ago.

I am sorry - just to check - you retained your pension?
Clare
Customer: replied 2 years ago.

Hi


Its OK, yes I retained my pension but its virtually worthless 10k if I'm lucky . . . thanks