Thank you. It’s not a case of whether she can make an application to enforce it, it’s a case of whether the court would uphold that.
If she enforces it, then you need to defend the application on the basis that the market has changed dramatically since the time of the order being drafted and that was totally unforeseeable and therefore, you are asking the court to amend the order.
You need to put forward some evidence as to what the amendment needs to be and why.
A person cannot get blood out of a stone and if the property has been on the market in accordance with the order and there has been no sale, then you can only deduce that the price is too high in the current market.
Tell her to go ahead and make the application to enforce it and you will defend it on the basis of everything I have mentioned and particularly in view of the current pandemic market (which surely she is aware of!!) You will not only ask the court to vary the order you will ALSO ask the court to award costs against her on the grounds of her unreasonable behaviour in the current market.
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
That only applies to new threads, not this one. You have me exclusively on this one.