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Harris, Law Specialist
Category: Law
Satisfied Customers: 1617
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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In January of this year I was finally divorced and had

Resolved Question:

In January of this year I was finally divorced and had completed the financial separation through the courts from my abusive husband. The court had previously granted a non-molestation order and occupancy order in my favour. I have three children, who at the time were all below 18. I am really concerned that the judges final order was unfair and wrongly made. I have spoken to a number of people who have had the same judge and believe him to be very biased in the favour of men. At the time the whole process had made me so emotionally ill that I was just glad it was over. However, as I struggle day to day I realise I should have appealed, my reasons being as follows. The judge ordered that given the facts that I solely care for our 3 children, 2 of who have self-harmed and1 who tried to commit suicide because of their fathers treatment of themselves an me and who have needed constant attention and counselling appointments, and that Mr Giles earns more than me, and that I made xceptional contributions to the family home totalling £60k during the 25 years we were together (all of this was recorded by the court) that the split should be 60/40 in my favour dependant on me re-mortgaging and giving Mr Giles £30k immediately and another 22 percent when my our last child is 18 (2025). Mr Giles took the family car and I'm left with a debt on the mortgage of £40k that the judge accepted was solely of Mr Giles's making with the proof provided. I don't know exactly how the calculations work but it seems heavily stiltedin Mr Giles's favour. I am left repaying £100k mortgage and caring for 3 children, 1 of whom is 20 now, but still living at home and struggling emotionally. To top it all Mr Giles took voluntary redundancy before the final hearing and lied about it and the judge seemed fine with it. Mr Giles has now not paid maintenance for about 6 months which the CMS are dealing with but seem to be getting nowhere fast, Mr Giles also closed down my bank accounts and stopped my bank card which the final order clearly states was not to be done, he was meant to remove his name about 9 months ago. He used contact with our youngest child like a weapon, he only see him 10 hours every other weekend. Now that I am emotionally fitter I realise that I need to appeal as we can't make ends meet financially and am worried it's too late. So my questions are:
What can I do about the unfairness of the final order, do you think it sounds fair?
And does the final order still stand now that Mr Giles has broken more than 1 of the agreements in it, does that mean like a contract that it is now null & void?
I look forward to hearing from you.
Linda Giles
Submitted: 13 days ago.
Category: Law
Expert:  Harris replied 13 days ago.

Hi, thank you for your question. Are you able to attach the final order using the paperclip icon?

Customer: replied 13 days ago.
Final order attached as requested.Kind regards,Linda Giles
Customer: replied 13 days ago.
Hi There, Did you get the files I sent?
Expert:  Harris replied 13 days ago.

Thank you and apologies for the delay in responding. I have considered the order and I am afraid that the news is not good. This is a final order in financial relief proceedings and the main order is a lump sum and property transfer order. These orders are not variable despite a change in your circumstances - and the court has ordered that neither of you are entitled to make any further claims against the other. You therefore have no grounds to apply to vary the order and the only way you would be able to do so is if you are able to show that there was misrepresentation or fraud in the proceedings that, if they had not happened, would have led to a materially different outcome.

I appreciate that this may not be the answer you would have hoped for but 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.

Customer: replied 12 days ago.
Hi Again,
Thank you for your answer, but it's more the specifics I need to know.
1.If the judge confirmed (this was all taped) that the £60K contribution I made should be taken into account but then wasn't it this a point I could appeal on.
2. The fact that Mr Giles has broken/reneged upon 2 of the final order points - is there any re-course for me?Many thanks,Linda Giles
Expert:  Harris replied 12 days ago.


1. The judge should have explained either in oral or written judgment his decision regarding the £60,000 contribution and consideration needs to be given as to whether the decision was legally correct. If it was not then you would be able to appeal. However, I note the hearing appears to have taken place in January 2015 and therefore you would be out of time to appeal. Appealing out of time requires extremely strong reasons as to why it is out of time.

2. You cannot appeal if he has not complied with terms of the order, however you would be entitled to apply to enforce the order using Form D50K and a £155 court fee to your family court.

Customer: replied 9 days ago.
Hi, Thank you for your answer. I think this is what I'm trying to find out. The judge confirmed that the £60k should be taken into account (this would be easy to prove as the proceedings were recorded) then when he made the final order he made no mention of this sum and awarded as the order shows, which bearing in mind I had 3 children under 18, have no claim to my husbands pension, earn less than him, and had to pay him £30k in advance and another 22% when my youngest is 18 seems wrong. Surely a 60/40 split would have been decided on the 3 children alone, then when adding in the pension and £60k I would have thought the split would be more in my favour. It's not that I just want more it's because my life and that of my children is impossibly hard whilst my ex-husband is very comfortable. The judge also assured Mr Giles that my life would become much harder (which I thought was very strange, and unprofessional). Also, the judge was then off long term sick with ill health which I wonder if this made him make an error? Do you think the judgement seems inequitable, what would I likely gain by trying to appeal. And considering the fact that the court will hold tapes to prove what I'm saying how do I go about gaining copies and appealing this decision? Sorry these questions are dragging out somewhat but I know nothing of these rules and find it completely wrong that one person can decide your fate and be this wrong and yet I am not allowed to question it because at the time I was too ill with stress and now that I am able to, it is too late. Many thanks, ***** *****
There was also a £19k that the judge agreed to take into account as my husband had received a payment from PPI refund while he was still living at this address and hid it from me and the children, I've only just remembered this bit.
Expert:  Harris replied 8 days ago.

Thanks for confirming. Again, this should have been raised in response to the judgment being handed down and then if it is not cleared up by the judge the matter should have been appealed if it is not explained. There is a strict timeframe for appealing and, unless you have grounds to explain why it has taken this long to appeal, unfortunately you will not be given authorisation to appeal out of time.

Customer: replied 7 days ago.
Is being unwell with stress and anxiety, until now I have not been well enough to consider any action.Also, is there not a body that monitors judgements to ensure fairness and consistency, as this judge has comment to a man on another case that "he also has an ex-wife he is forced to communicate with" and even the doorman at the court wish me luck when he herd what judge I had. My experience was that the judge allowed Mr Giles to lie and then admit lying with no comment, to withold evidence that was later found, causing the proceedings to drag on for 3 days and also assured Nr Giles that my life would get much harder. Surely there is a body that checks the behaviour of judges, if so could you let me know who they are?
Many thanks,Linda
Expert:  Harris replied 7 days ago.

Unfortunately there is no such body to check judgments as this is the route for appeals in which a different judge considers the judgment to see if it is legal. Being unwell with stress and anxiety in itself may help an application to appeal out of time however given the extremely long time since the judgment it may not help.

Customer: replied 6 days ago.
Thank you, ***** ***** question! Given the facts do you think the final order sounds fair? Also would you be able to give me an idea of the formula for working out the split. I understand that the judge starts at a 50/50 basis and then considers the dependant children and the current salaries and salary potential, but how does this equate in terms of percentages? I am worried that if I now appeal and 1 of my children counts as non dependant and the other one is nearly 17 that this would give a detrimental effect on the existing order.
Many thanks,Linda Giles
Expert:  Harris replied 5 days ago.

Yes, the court will look at your circumstances now if you were to be granted an appeal and this may impact the division of assets. There is no specific calculation when dividing assets but the court will need to look at initially both parties needs and what assets there are to decide.

On the face of it, the judge will have to have explained why some assets were not included in division and if this is not dealt with there may be grounds to appeal. But again, your issue of being out of time may be difficult to overcome.

Harris, Law Specialist
Category: Law
Satisfied Customers: 1617
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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