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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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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.
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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.

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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.
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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