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Forced sale of FMH

  • wispy11
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23 May 12 #332371 by wispy11
Topic started by wispy11
Hi All
I am hoping that someone may be able to give me some advise. I have been going through a very nasty divorse which has meant court dates for children and for assets. The child side of thing has end in me gaining a No Order from the court which was above and beyond what I thought I would get .With this ruling the boys have been able to choose where they spend their time and have choosen to spend 11 of 14 days with me ,this is not full time it is from end of school till 8:30 and 2 overnight stays but involves providing the evening meal for them. I mention the above because at the last hearing the other party was ( with the support of CAFFCAS)was trying to restrict access to 2.5 hours on 2 days a week with 2 overnight stays per fortnight . Now before this result was gained we were in court to settle the assets and I was represented at that time but my legal aid cert was going to run out meaning I was told I HAD to agree to the recomendations and sign a Consent Order. I didn''t agree with it but was told I had no choice .The order had me agreeing to sell the FMH but inlight of the amount a time the children are now choosing to spend at the FMH I feel that it is not in the best intrest of myself and them to sell .I have taken this back to court asking for a variation to the order and the Judge agreed that I had very good points but he was minded that I had signed the Consent Order whilest I had legal representation. At the appeal hearing I represented myself ( wish I had known I could have done this before as I would have taken it to the final hearing and signed the order )and after the judge gave his verdict I asked if I could appeal and was told I should have asked for Leave of Appeal ( how would I know that !!)
So that is more or less where its at and I''m trying to get some help as to how I can proceed , I anyone can help please do as this is feeling like last chance saloon

  • cookie2
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23 May 12 #332376 by cookie2
Reply from cookie2
wispy11 wrote:

I asked if I could appeal and was told I should have asked for Leave of Appeal ( how would I know that !!)

Despite what you might think from the media or pop culture, an "appeal" is not a chance to get a second opinion or another bite of the cherry, simply because you don''t like a court''s decision. An appeal is only possible where an error of law was made in the original ruling. I can''t see any evidence of that here. You signed the consent order.

As for how you would know it, well, if you represent yourself then you need to know these things. If you don''t know how to fix your car, you pay someone who does. If you don''t know the legal system, you pay someone who does. That is how mechanics and legal professionals make a living.

I''m not sure there''s much you can do, other than to simply ignore the consent order. If your ex takes you back to court for enforcement then you may be able to delay or change the terms of the sale based on the needs of the children. But I would take legal advice before doing that, if you lose then you''ll likely get hit with a costs order as well.

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