change to financial settlement?

Sorry to ask such a dumb question but once a financial agreement has been made and the Decree Absolute been granted, can that agreement be changed?

Lily

Lilyrose,
If there has been a significant change in circumstances of either party (e.g. Job lost, Lottery win) then the parties can apply to the court for a variation of the agreement.

Mike

can you change it if your ex suddenly starts working full time when they are currently working part time ( was working full time but went part time when divorce started )

soulman, would have thought so - it is a significant material change. But think about cost versus benefit. In your case probably would make sense to look for a variation. Have you a Consent Order?

soulman,

You can't change the capital settlement once it has been finalised unless hidden assets come to light later or an event happens within months which would change the premise on which the order was made (eg the death of one party)

Periodic payment orders may be varied if circumstances change, but you can't apply for one in the future if there is no order made at the time of the settlement and it was a Clean Break. Sometimes nominal maintenance, say £10/annum is agreed/imposed specifically so that if things change a variation can be made at some point in the future.

Perhaps I should explain a bit more.

I've left the family home. I had asked my extb to go but he refused. I simply couldnt stand it any more and have moved in with my mum. My children have stayed in the house with their dad. The youngest is 16 and planning to go to college.
I know x will be able to stay in the house until youngest has finished college.

I cant afford to buy or even rent anything so be will staying with my mum. While I am prepared to wait 2 years for the sale of the house (and my mum is happy for me to stay with her until then) I would like the divorce to proceed as soon as possible (on the grounds of his unreasonable behaviour).

In order that I am able to afford to buy something at the end of the 2 years I need to know where I stand in terms of what % of the equity I will receive.

I would like to know that once we have come to an agreement and the absolute has been granted, that the % of equity I am entitled to cannot be changed. I dont want him to have any hold over me or to turn round in 2 years time and say he wants to re-negotiate that part of the settlement.

Sorry a bit disjointed but hopefully you understand what I am trying to say!

Lily

It would be normal for a Court order to specify what proportion of the equity you will receive when the house is eventually sold.

Fiona is right, once that agreement is incorporated in a Court order it can only be changed in exceptional circumstances.

So is there a Court order here and what does it say ?

As an aside, have you considered housing benefit ? That's what it's for, to enable people to rent a home if they can't afford to pay a commercial rent.

Mike 100468