Ask a Law Question, Get an Answer ASAP!
Hi, thank you for your question. Are you able to attach the final order using the paperclip icon?
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.
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.
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.
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.
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.