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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.
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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?
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?
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.
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