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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience:  Partner in national law firm
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I have a clean break order with my ex husband around 3 years

Resolved Question:

I have a clean break order with my ex husband around 3 years ago.He was in prison at the time for fraud, all his assets where to be taken under the proceeds of crime act. I ran a legal property business and still do and my business and house was left out of the order as it was mine and not fraudulent. He was offered legal advice twice one from a judge he decline and a clean break order was made with me keeping my house and business, he still owes the cps £150,000. He has come out of prison and refused to work and now wants to over turn the clean break order as my business in the last few years has done well.....can he do this and if so how likely is he to win?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

There have been cases when clean break orders have been varied.But before this can happen certain conditions must be satisfied for an application to get off the ground: a new event must have occurred since the making of the order which invalidates the basis on which the order was made; the new event should have occurred within a relatively short period of time of the order being made; and the application should be made reasonably promptly.

None of these things appear to have happened in your case and I cannot see any ground to vary the order.

Alex
Customer: replied 3 years ago.

He is claiming that he has taped phone conversations with me agreeing to give him money....I have no clue what he is talking about. How ever if he is insisting on going to court would he get legal aid or is it a case likely to be taken on?

Expert:  Alice H replied 3 years ago.
I don't see how the taped conversations make any difference to the order.

Legal aid is not available for him to make an application to vary the clean break order.

Unless proper grounds exist he will not be successful with his application.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
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Expert:  Alice H replied 3 years ago.
Many thanks and good luck with this. Alex
Customer: replied 3 years ago.


Thank you

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