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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2789
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have divorced last year and the house that was the largest

Customer Question

i have divorced last year and the house that was the largest asset in our life was given to my ex wife because of our 2 daughters .
now i have found out that our first daughter is not mine.
can i change the court order on divorce?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. How old are the children?

Expert:  Harris replied 11 months ago.

Hi, thank you for your question. How old are the children and how was this information disclosed to you?

Customer: replied 11 months ago.
9 and 6 years old
Customer: replied 11 months ago.
i am waiting for your answer
Expert:  Harris replied 11 months ago.

Apologies for the delay in responding. How did you find out about this information and has a DNA test been undertaken to confirm this?

Customer: replied 11 months ago.
through old friend and DNA confirm that
Expert:  Harris replied 11 months ago.

Thanks for confirming. When was your ex-wife aware of this?

Customer: replied 11 months ago.
she would not admit it but she knew that from the begining
Expert:  Harris replied 11 months ago.

Thank you. Legally, a final court order such as a lump sum or property transfer arising out of a divorce cannot be varied or discharged. However, if it can be proved that there was fraud, dishonesty or misrepresentation in the proceedings, disclosure of which would have led to a materially different outcome or settlement, then there will be grounds for the court to revisit the decision. What you will need to assess, and possible seek detailed legal advice upon disclosure of the documentation, is if the court would have made a materially different decision, and given that you have one young biological child with her, I am not confident that there would have been a materially different outcome.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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 using the stars at the top of this page as I will not be credited for my response without a positive rating.

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