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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Dear Sir/Madame, i,m not sure whether you can help or advice

Customer Question

Dear Sir/Madame, i,m not sure whether you can help or advice me, i have had an ongoing issue with divorce and property. My ex husband wants to appeal a court order that was made in March 2010, the paperwork came through about that a few months ago, now i have received a bundle of papers giving me proposals to settle the matter including selling the house and i have to respond in seven days. I have had a solicitor trying to help me sort this out, but i have had to stop because i cannot afford the accumulating debt. The paperwork is confusing and i don,t know where to start.
There is far more to this and it is not straight forward. I am not sure who to go to and what questions i need to ask, maybe i haven,t given you enough information!
Any advice would be much appreciated, thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What does the Order say and why does he wish to appeal it now?
Clare
Customer: replied 3 years ago.

Hi, the order says;

Endowment policy to be assigned to my ex ( the premiums have fallen into arrears)

Release or indemnify my ex in respect of mortgage

Child maintenance for my two children Until 18years( this was not fully paid)

When my youngest reached 21 the house to be sold and my ex receive 14% of gross sale

I had planned to sort morgage in my name and raise the % needed, but became seriously ill, diagnosed with breast cancer in Dec 2010, so was unable to fulfill my part of the order.

It has taken me a long time to get myself together, i am in remission now. In Oct 2012 he came to the house and smashed all the downstairs windows causing considerable damage and also smashed all the windows of my car. This went to court and earlier this year was finally dealt with. His reason for committing the crime , I was taking too long to give him his %.

It is not clear why he is forcing the issue again now.

Expert:  Clare replied 3 years ago.
Hi
How old is your youngest child now?
Clare
Customer: replied 3 years ago.

Hi, she is 19, ..20 in April. Sorry I should have thought to include.

Expert:  Clare replied 3 years ago.
Hi
Do not worry
What part of the Order have you not been able to fulfil?
Clare
Customer: replied 3 years ago.

Hi, I've not been in a stable financial position to raise the funds to pay him. I am paying the mortgage, have been since 2011. The mortgage term is almost up and have trying to sort out with the bank the best options, but this is taking time. I'm not in the position to sell now either

Expert:  Clare replied 3 years ago.
HI
But you do not have to pay him for at least another18 months?
Clare