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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33802
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I divorced 18 months ago after he was having

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my husband and I divorced 18 months ago after he was having an affair. I have 2 children 6 and 11. I wasn't given a financial settlement or maintenance. He pays £230 a month C.S.A. I have to pay the mortgage which is £600 a month and when the children finish education I have to sell the property and give him 30% of the current market. My query is since this decision my son has been diagnosed with autism, Dyspraxia, Anxiety problems, he has sensory issues and OCD and we are in the process of getting him a special school My question is there any way I could appeal about the decision to sell our home as his disability is a lifelong condition. My ex is not a reasonable man. Thank you
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Was there actually a Consent Order or not?

Customer: replied 9 months ago.
It was the courts decision
Expert:  Clare replied 9 months ago.

So there was a financial settlement via the courts?

Customer: replied 9 months ago.
I didn't get any financial settlement except to stay in the house and pay the full amount of the mortgage. He had a pension and insurances but the judge said they were not worth mentioning. As his pension at the time was ONLY worth £75,000 pounds!
Expert:  Clare replied 9 months ago.

Did you have legal advice at the time?

Customer: replied 9 months ago.
I had a solicitor who went to court with me, but he never really fought my corner like I thought he would. He managed to get my ex to agree to 30% and when they dismissed the pension and insurances he said that I shouldn't upset my ex as when we got to court he could be awarded more
Expert:  Clare replied 9 months ago.

So the order was then made by Consent?

Customer: replied 9 months ago.
Expert:  Clare replied 9 months ago.

Which child is ill?

Customer: replied 9 months ago.
I felt it was my only choice, because if I'm honest he really hoped I would go back to my parents and he would get it all
Customer: replied 9 months ago.
My son who is eleven
Expert:  Clare replied 9 months ago.

How much is the house worth and how much is outstanding on the mortgage

Customer: replied 9 months ago.
Its worth about £260,000 and I owe about £103,000
Expert:  Clare replied 9 months ago.

How much does a two bedroom property in the same general area cost to buy?

Customer: replied 9 months ago.
I don't how much for a two bedroom house but a three bedroom house is anything from 260,000 to 350,000 I would have to have 3 bedrooms as I have a son and a daughter
Expert:  Clare replied 9 months ago.

But you will not be in the same position in 15 years time

Customer: replied 9 months ago.
How do I know how things will be in 15 years time. So if my children are still at home I have to ask them to leave?
Expert:  Clare replied 9 months ago.

I am afraid that since the Order was made by Consent it cannot be appealed except in very specific circumstances - none of which apply here

The fact that your son may need more care MAY be a reason to make an application for more provision BUT this is not something that you can deal with now as there is no way of assessing now what the needs of your son will be then

You will need to review this in five years time and consider the needs of your son then and at that point you might be able to make an applictaion using the Children Act.

Please ask if you need further details

Customer: replied 9 months ago.
What is the children's Act ?
Expert:  Clare replied 9 months ago.

http://www.legislation.gov.uk/ukpga/1989/41/contents

Customer: replied 9 months ago.
When you say specific circumstances what are these?
Expert:  Clare replied 9 months ago.

In Barder v Barder [1987] 2 FLR 480, Lord Brandon set out that a court may grant leave to appeal out of time on the ground of new events if four conditions are satisfied:

  1. that the new events that occurred since the making of the order invalidate the basis, or fundamental assumption, from which the order was made, so that, if leave to appeal out of time were to be given, the appeal would be certain, or very likely, to succeed;
  2. that the new events have occurred within a relatively short time of the order having been made;
  3. that the application for leave to appeal out of time should be made reasonably promptly in the circumstances of the case; and
  4. that the grant of leave to appeal out of time should not prejudice third parties who have acquired, in good faith and for valuable consideration, interests in property which is the subject matter of the relevant order.

Please note I am afraid that your sons recent diagnosis will not be sufficient

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33802
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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