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Consent order - can it be changed

  • misstheo
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09 Feb 20 #511349 by misstheo
Topic started by misstheo
Wonder if anyone has experience of the following or any advice.
Consent Order was in 2011. My ex husband was awarded an overseas property - the value was to be confirmed. It had a loan against it and was being rented out, the long term idea was that the rent would repay the loan and he would have a mortgage free property that was wholly his. The consent order said the value for the division of assets was to include a current valuation less usual costs but did not deduct the loan against it. As it stands after all the calculations my ex should have paid me a small lump sum. This didn't happen for various reasons. However, this is not the issue. My ex is now seeking to have the loan deducted which makes the property worth a lot less so in final calculations he is saying I have to pay him 55K. Due to his mismanagement of the property he did have to sell it quickly and there was still a big loan against it which he had to pay back leaving him with far less than he anticipated.
If this is true, I will be wiped out. Can the Consent Order be changed after all this time.
On top of this I have not received a penny in child maintenance all these years so I can't believe I might now have to pay him!
Any thoughts or advice will be gratefully received.
Thank you

  • .Charles
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10 Feb 20 #511355 by .Charles
Reply from .Charles
You need to look at the terms of the order. If the deductions don't include the loan, it shouldn't be factored into the calculations.

Varying a Consent Order is difficult as the parties give consent to the order. Any fortune or misfortune after the order is made will not be shared.

child maintenance is irrelevant - you could have applied to the CSA/CMS independently. I believe that you can only enforce 2 years worth of arrears so that angle is a non-started.


  • Hokeycokey
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11 Aug 20 #513647 by Hokeycokey
Reply from Hokeycokey
Can I ask Charles as you seem very knowledgable !
If since your agreed signed Consent Order one party applies to reduce the payment due to another child with a new partner so though an application to vary an order. Would any inheritance to the other party put them at a disadvantage?

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