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Section 37 after the decree absolute

  • Mr BP
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06 Aug 12 #347720 by Mr BP
Topic started by Mr BP
Evening,

i have just recently got my Decree Absolute through with my full and final financial consent.

At the time my ex wife did not want anything except wanting to be setup with a rental property and all her white goods and our little was due to be my responsibility.

My ex wife is from africa and has only discretionary stay to remain in the UK.

Now my ex has decided after everything has been done she wants money this is more her aunty.T
The property has a trust of deeds at the time of purchase.

After the decree i put the house on for sale my Ex now has made an application to the court for a S 37.

on the grounds of a fraud, however she had independent legal advise which was done and a letter was sent to court.

Please could anyone advise anything to me including risks and if she can now reopen the case and all.

Thankyou

  • LittleMrMike
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07 Aug 12 #347829 by LittleMrMike
Reply from LittleMrMike
As long as you made a full disclosure of your financial situation in your form E, then you should have nothing to fear.

Section 37 is designed to give the Courts power to set aside dispositions which are made with the intention of defeating a spouse''s claim to financial relief.

An order, even one made by consent, can be set aside if one party has concealed assets or made false statements - but only if the order would have been different had the Court been aware of the full facts.

Normally a Consent Order cannot be appealed, because everyone agreed to it beforehand.

LMM

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07 Aug 12 #348027 by Mr BP
Reply from Mr BP
Thankyou for your response.

The court hearing was today n the judge had adjourned the case and given the ex wife 21 days to build a case to say why the case is apperently fraud. Giving them the benefit of doubt, would you say this is good or bad. The details provided at the time of consent were correct.


A response would be apprciated.


Thankyou

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