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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1764
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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At my final divorce hearing in December 2013 an order was made

Customer Question

At my final divorce hearing in December 2013 an order was made to give my ex-wife all 100% equity in the ex-family home worth £302K. The reason being was I did not earn enough to pay her maintenance. Our son was 13 years old at the time the order was made.
I have now read the following article about changes in the law concerning maintenance which is now only payable until the child is 7 years old -
http://www.telegraph.co.uk/finance/personalfinance/11431664/How-get-a-job-divorce-ruling-will-change-settlements-on-maintenance-payments.html
Is it possible to go back to the divorce court and renegotiate the final divorce judgement to be a 70/30 split of the £302K? As my ex-wife is working and can look after herself.
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thanks for your question.
Unfortunately capital orders such as transfer of equity in a property or lump sum payments are unable to be varied after the final order as it is intended for there to be certainty and closure for both parties. The only way such orders can be contested is if there has been clear and evidenced dishonesty or non-disclosure of assets.
The case that you have referred to is in relation to periodical payments for maintenance, which remain open to applications for variation depending on the circumstances of each party.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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