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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1086
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I got divorced six years ago andmy wife was awarded substantial

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I got divorced six years ago andmy wife was awarded substantial spousal maintenance for life due to my not having been well advised at final hearing. The award was based on my previous 3 years earnings and although declining the judge stated my company would recover so looked at the peak. I have never missed a payment and have drawn sufficient salary from my company despite the fact the company was in severe decline. The result is that the company is now in danger of failing. Am I able to go back to court and appeal the original award with the hope I am successful and can reduce my earnings to enable the firm to survive or do I wait until the inevitable happens then go to court. My ex owns a house which is rented to her brother, works part time and is cohabiting with her fiance.
I am cohabiting with my partner in a jointly owned house.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. It is possible to return matters back to court to seek a variation of the spousal maintenance order. If you can evidence that your business has a real prospect of failing then you should not have to wait to make your application. The court will consider all of the circumstances including both of your co-habitations and associated costs. The rules have recently changed and therefore before you make an application to court - you need to refer you case to family mediation. Mediation will try and help you and your ex agree. If matters cat be agreed at mediation or if your ex wont engage in mediation - then you will the be able to make an application to the your local family court. The mediator will sign the form that you need to make your application to the court. If you don't refer your case to mediation first - then the court will automatically reject your application. There are lots of mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. The form you need to complete for the court is the Form A. Once the court receive this form - the matter will be listed for a hearing and both you and your ex will be sent the Form E2 (financial statement) to complete in advance of the hearing. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
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