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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


set aside a consent order in a financial settlemen

  • TonElle
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21 Jun 12 #338000 by TonElle
Topic started by TonElle
I went to THE PRINCIPAL REGISTRY OF THE
FAMILY DIVISION in 2009, on financial matters regarding my divorce.

At the time, my ex-wife cited that she had to house the children (3) and as a result, the judge awarded a significantly larger sum to my ex, to house the children. I agreed with the principle, it was right.

Since, my ex has seemed to lose her way, and as a consequence, evicted 2 of my children, who now live with me. She now occupies a 4 bedroom house, with just 1 child. To add, she now has lodgers..!

What is the general feeling..? Can I go back to Court and argue that the basis upon which the Order was established has fundamentally changed?...

What benchmarks, criteria need to be established?..

Thanking you all in anticipation

  • dukey
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21 Jun 12 #338001 by dukey
Reply from dukey
How long after the final hearing did two of the children come to live with you?.

  • somuch2know2
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21 Jun 12 #338004 by somuch2know2
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Absolutely.. Go back to court.

My friend is in a similar situation. Wife got the house, he got a charge as she wasnt expected to go back to work full time as she hadnt in 17 years and her mortgage capability was deemed limited. Since their settlement, his salary has decreased by 25%, he has a new child with his new partner and she has gone from 20K a year to 100K a year- no mortgage.

They are also in the Principal Registry.

Also- get a good barrister. They make a massive difference.

When circumstances change so should the settlements

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21 Jun 12 #338007 by TonElle
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As for when the children returned..

First child, about 15 months after the Order, second.. within the last 3 months..

Yes, I do feel that the law has reasonableness at its heart..and when something seems unreasonable, it ought to be challenged and upheld... I know thats idealistic, but,...

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21 Jun 12 #338009 by dukey
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What you have is a judgment, to change it you need another judge to cancel it (set aside) this can happen only in very specific circumstances.

First of all your way out of time to appeal

An error of law, no chance

Material none disclosure, did not happen

A perverse order, nope it was made in the circumstances at the time

The only other way is a Barder event, this is no good either for you

So your chances are slim to none

One possibility would be to make a schedule 1 application under the children''s act, this is your best option, but speak to a solicitor first before doing anything.

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21 Jun 12 #338013 by TonElle
Reply from TonElle
Thank you for a succinct reply..

I have read the "causes".. and appreciate that my circumstances do not tick the boxes.. My thoughts are to, either, argue that the basis upon which the "split" was made, took into account the future needs, and embraced the years to follow, in its logic.. this is now not the case..

or.. as you say, follow the Children Act route, but as I understand it.. (excuse my ignorance) thats just interim financial support..no??..

Thank you...

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21 Jun 12 #338019 by dukey
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Application under the children`s act are for specific needs so no they are not interim they are final in most circumstances.

This would be at the high end though, you would be asking for a lump sum or even the house to reflect the children`s needs, the problem is you have three kids and only two are with you, so all needs must be considered, there is another guy on wiki thinking about doing this, he also has three kids two of which now live with him.

Stuff court will ask.

How long have the children lived with you

How old are the children

Where are the kids going to live long term

Often the problem is that when kids parents split up the kids can move from one to another, have a big Barny with dad move in with mam, the age old divide and concor move.

So that is your real problem, the court would only make a move if they thought it was best for the kids long term.

I have very little experience of this so you really should talk to a lawyer who does.

There are some solicitors on wiki who can help advise, i`m thinking Charles JonathanC TBagpuss Fiona Hamilton1, probably others but they spring to mind for now.

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