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Final Order Help Please

  • Phalenopsis
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27 Mar 12 #320294 by Phalenopsis
Topic started by Phalenopsis
My mum of 71 years old has just attended Court for the Final Financial Hearing and she was self representing due to only having a state pension.
The judge said that if her husband could not afford to pay her the amount awarded that the house would need to be sold.
Mum''s name is on the deads of the house 50/50 although they have only been married for 6 years and her husband purchased the house with his money.
Mum is being bullied by his Solicitor and barrister and having read over the Court Order would like some items adding into the order to protect her interest in the house and make sure that he doesnt delay the sale just to draw things out.
She has been advised to add these points into the order but his Solicitor wants to ask him what he thinks about these additions.
Its pretty obvious that he will say no to any additions, so where does mum stand???
Surely her husband cant have a say in this??
His solicitors are being so nasty to mum.
This shouldnt be allowed.
What can she do?

Please, any advice would be greatly appreciated.
Thank you

  • hadenoughnow
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27 Mar 12 #320301 by hadenoughnow
Reply from hadenoughnow
AFAIK at the end of the day it is the judge who will decide if additional clauses can go in to the final order .. it is after all, the order of the court.

Of course it would be a lot easier if her ex agreed ...but, assuming what your mum wants adding is fairly straightforward stuff like deadlines for action, recourse to the court re valuation if house has not sold after a certain period of time, conduct of sale etc then I am pretty sure she can just write to the judge asking for these to be included. I think she should copy the letter to the ex''s solicitor.

Hadenoughnow

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