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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2544
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex spent my lifetime savings on an acrimonious divorce. I

Resolved Question:

My ex spent my lifetime savings on an acrimonious divorce. I did not know it was coming. A consent Order was agreed with the District judge in Nov 2013. the matrimonial home is now being sold and She can be paid out the lump sum as agreed. However she wants more and refuses to sign over my staff house to me unless I give her more. Her solicitor has completed an application to enforce and vary order and give her the power to sell both houses and me to pay the legal costs. She is of the attitude that she does not care how much the houses sell for as long as she gets paid. I may get very little. I will not sign the contract for the sale of the house until she agrees the sum she is getting per the court order.. about 95%. I just cannot afford to get into another legal battle
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. If the court has approved a financial consent order as. Part of the divorce, the only thing she can apply to vary is periodical payments order. Any otger financial oder can only be varied if she proves fraud or misrepresentation that would have led to a substantially different outcome had there been full disclosure.

In the circumstances you should urgently apply to court for implementation of the order using form D11 and a £155. Court fee and request a hearing.

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 answering your question without a positive rating. Thank you

Customer: replied 11 months ago.
Her solicitor has produced a draft D11 to be filed to make me sign the contract for the sale of the house and changing the divorce order of the district judge. I wont sign until she agrees and acts on the content of the order
Expert:  Clare replied 11 months ago.

My name is ***** ***** I have been a family lawyer for more than 30 years.

What exactly are the terms of the order and what changes is she asking for - and what justification has she given?

Customer: replied 11 months ago.
The order refers to the sale of properties. She had a Duxbury fund settlement. I have been paying her rent and maintenance until the one of the houses are sold. She has to pay back the maintenance element when the houses are sold. As the house took two years to sell she feels she should not pay it back, although the order says " in the event that the matrimonial home takes time to sell"..
She can be paid out full and I need the other house transferred to me. I will not sign the contract for sale until she agrees the apportionment of proceeds. she gets about 95%. I have lost £65K on the sale as the proceeds are £65K less than envisaged in the order. No agreement for her to share as her settlement was on a needs basis. If I do not agree ( she wants £60K) she will submit D11 get the court to allow her full control of selling both proprieties and make me pay the legal fees.. She wants the proceeds held in a clients account pending agreement. If that is done i will not only have to pay my rent but according to the order her £2500 per month. I just cannot afford it. The court complained about her litigious attitude and that the court cost were out of proportion with the assets. From research I have done i cannot understand why her lawyer is taking this on..
Expert:  Harris replied 11 months ago.

Thanks for confirming. As there has been a signed consent order and the process of implementation has been undertaken. However, is the 95% proceeds you refer to afforded in the consent order or is this just you thinking?

Customer: replied 11 months ago.
she has a fixed sum as narrated in the order. She wants more!! can she go to the court for a variation as explained above?
Expert:  Harris replied 11 months ago.

Thanks for confirming. As previously stated she cannot seek more as there has been a court approved financial settlement - she can only seek to vary the order if there comes to light assets or finances which you have not disclosed or misrepresented and which would have had a significant impact on the settlement.

If there is no misrepresentation or fraud, she would only be able to seek to vary periodical payments and not lump sum or property adjustment orders.

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 answering your question without a positive rating. Thank you

Expert:  Harris replied 11 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.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2544
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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