How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2328
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

If you need to contact the courts to vary a consent order what

Resolved Question:

If you need to contact the courts to vary a consent order what forms and how do you go about that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified solicitor.
What kind of consent order is? Usually, as it is made by consent you would need to agree with the other party to vary the terms of the order.
___
Please rate positive if you found this information helpful.
Customer: replied 1 year ago.

I lived with my partner, no married and we separated. We had a house together and 2 kids. The Consent Order was to settle the finances and child maintenance. In it he had to share the mortgage payments with me and once the youngest of our children reached 18 the house was to be sold and split 50:50. However, he only made a few payments and then only paid under 40 pence over the years. He has now contacted me recently to remind me that the house will be going onto the market next spring and that he wants his 50% share. Obviously the house has gone up in value substantially and also i have made the complete mortgage payments over the years. I don't mind him having his 50% share of the value of the house at that time and the money that he has actually paid back which add up to less then a few hundred pounds. I want to go back to the court to vary the order that he should not get 50% for something he never paid into. How do i go about that and what form do i need to complete at the court?

Expert:  Harris replied 1 year ago.
Thank you for confirming the position as you were not married please confirm that the order was made under Schedule 1 of the Children Act 1989. If it was not please confirm the position.
Customer: replied 1 year ago.

Yes it states:

The Parties Application pursuant to Schedule 1 of the Childrens Act 1989 and section 14 of the trust of Land and Appointment of Trustees Act 1996 be adjourned generally with liberty to restore.

Expert:  Harris replied 1 year ago.

Thanks for confirming. Given that the order stated he has to pay 50% of the mortgage throughout the term of the order I would suggest you consider issuing enforcement proceedings under form D50K so that the Court can consider the non-payment of the mortgage and how best to remedy this.

___

Please rate positive if you found this information helpful.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2328
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Many thanks for this. Are you therefore saying that i should not apply to the courts on an N422 asking for a variation to the consent order.

Expert:  Harris replied 1 year ago.
No, as you are not contesting the variation of the original agreement, just that he has not paid what was agreed - therefore enforcement is the appropriate method.
___
Please rate positive if you found this information helpful.
Expert:  Harris replied 1 year ago.
Hi
Hope this information was of assistance. Please rate positive if you found the information helpful.
Have you managed to progress matters? Please let me know if you have any further queries.
Regards
HH Solicitor

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters