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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Please can you advise the correct procedure/required documents

Resolved Question:

Please can you advise the correct procedure/required documents to instigate a return to court to appeal my divorce court orders following recent changes in my partners life/finances.
Many thanx
Peter
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Could you explain a little more about the applictaion you wish to make please?
Clare
Customer: replied 1 year ago.
The court orders from October 2014 detailed various awards to my ex wife on the basis of her being single and with little income, her monthly maintenance award was based on the mortgage repayment and some extra £150 per month. She has operated her own business from home for some 25 years and during the build up to court hearing had for some time ensured she was paid cash by all her clients.I know understand that:
she has applied to undertake the £150k mortgage herself
my mortgage on the family home has come of its previous rate and the repayment have been reduced by two thirds
She has a new partner who owns his own company living in the family home which she has been fully awarded, with the children which they are finding distressing
my award was a majority of her legal debt, my own debt total £70K and a second property a small two bedroomed flat, of which I have a £25K charge to pay to her in 5 months.I feel there maybe sufficient grounds to return to court to appeal that her circumstances have changed.thankq for your time,Peter
Expert:  Clare replied 1 year ago.
Hi
When did the new partner move in - an dhow much is the spouse maintenance?
When is the spouse maintenance set to end?
Clare
Customer: replied 1 year ago.
I understand she met him in the summer not she when he started living there Nov/Dec?
maintenance £750 per month
ends July 2016 daughters 18th birthday
Expert:  Clare replied 1 year ago.
Hi
So what change do you wish to apply for?
Clare
Customer: replied 1 year ago.
I would like to try to present a case that her award of the 4 bedroom family home £500k with equity of £350K
and mine of the 2 bedroom flat £250k with £80k equity could be more evenly allocated, I would like to hope for
£80k award
the ceasing of the maintenance payments
the revoking of the charge on the flatdue to the level of debt she incurred of which a lot was awarded to me, the maintenance and the cost to run the flat I have for 4 years been living with my elderly parents, friends and staying at my work, the house was awarded to her to ensure my daughter could attend her local school, she finishes her A levels this year and is now driving, daughter 17 son 20
Expert:  Clare replied 1 year ago.
Hi
What evidence do you believe she concealed at the time the Order was made?
Clare
Customer: replied 1 year ago.
limited at the moment, but in court her counsel indicated her earnings at some £12-15k, but she is clearly earning enough now to consider taking on the £150k mortgage
Expert:  Clare replied 1 year ago.
Hi
It is too late to file an Appeal against the Order which was ma ein 2014 I am afraid
The only area of the Order which is open to variation is the Spousal maintenance which is due to end in July of this year.
If her income has increased, and given the fact that she is now cohabiting then you do indeed have a reasonable chance of success.
As a starting point you need to try and discuss matters with her using Family mediation.
If that fails then you can apply to the court for a downward variation/dismissal using a Form A available here http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and paying the fee of £255.
However the capital settlement can only be challenged if you can prove that your ex his considerable assets or income from the court.
The fact that over a year later and with a new partner she is applying for a mortgage is NOT sufficient I am afraid
Please ask if you need further details
Clare
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