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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I agreed to a financial settlement without form e's being

Customer Question

Hi,
I agreed to a financial settlement without form e's being exchanged.
I know I agreed to it,but I do believe now my ex lied on the forms.
So far only a little of the order as been followed. My degree absolute came through on 27th August, since then my ex is now in the process of purchasing a house with his new partner for £350,000, is wages have been reduced by more than half (he has a limited company) to reduce is child maintenance. we also have a contact order which i feel he is breeching. He is planning to purchase this property not far from the home i have just moved too. He is also planning to put his partners child in the same school as ours (my son and his partners same age). The contact order stipulated that the introduction to his partners child and our had to be taken at a slow pace. The order was issued on 31st july . Is there anything i could do to stop my ex and his partner moving so close ?? my ex was cautioned last November for battery on me.
Kind regards
Amanda
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Dear *****, thanks for your questions.
In relation to the finances has a consent order been submitted to court and approved?
Regarding the move close to you, unfortunately there is nothing stopping him from doing this. However, if he were to harass, intimidate or assault you then you would be in a position go apply for a non-molestation order preventing him from coming near you or your property.
Customer: replied 1 year ago.

Yes the order as been approved but not followed,

So basically what your saying is that i can not do anything about the move even though he as been violent towards me in the past ??

The order on child arrangement prevents him from coming to my home

Is there anything i can do as i do feel as if i was lied to constantly about this order and do feel that i was let down and penalised by the legal system as i could not afford a solicitor as ex had all finances

Expert:  Harris replied 1 year ago.
Thanks for your response.
In relation to the move, I am afraid that there is nothing to prevent a move close to you.
Regaeding the financial side, if you believe that he lied on his disclosure form - which would be a D81 form to accompany a consent order, and you have proof that he has lied, then you can take the matter back to court as the court would have decided that the agreement was fair to both of you based on what was disclosed.
Customer: replied 1 year ago.

We both had to declare if we intended to cohabitat within 6 months and his now in the process of buying a house with his partner. He as also reduced his income but his life style doesn't seem to reflect his income . He as been reported for tax fraud because of this.also the order a has not been followed I still have no deeds to the property I and the children are in. The marital home was ment to be sold on the open market .. this as not happened.

Expert:  Harris replied 1 year ago.
If he had been dishonest or misrepresented his financial position and intentions during the proceedings then you would be in a position to apply to court to vary the order/agreement.
The order/agreement should have a time frame for dealing with the finances, sale of property and any transfers. If these are not complied with you can apply to court to have them enforced.
I would suggest you first consider applying to vary the agreement given the alleged dishonesty and misrepresentation of his intentions.
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Do you think i have enough to take this back to court ?? What would be the procedure and what would be the length of time it would take and approx cost ??? . If i went down this route could i loose what as already been agreed ??

Customer: replied 1 year ago.

I would be keen to have the live chat , i have just paid £28 for this offer. how do i go about booking a telephone appointment with yourself ???

Expert:  Harris replied 1 year ago.
Hi, thanks I will look into this.
Expert:  Harris replied 1 year ago.
Hi Amanda,
Hope this information was of assistance. Have you managed to progress matters? Please let me know if you have any further queries.
Regards
HH Solicitor