Hi Guys,

I would like some advice please.

My Final Divorce Hearing was on 7th December 2008.

I was ordered to pay £180,000 by the 7th March 2008.

I was unable to. If I could I would have. Our remaining Joint Asset is a property in Spain that is mortgage free and was on the market at £250,000 sterling. We have reduced the price down to £230,000 to £210,000 to £198,000 with still no success.

It was ordered that if "I was unable to pay £180,000 by the 7th March 2008 then the property in Spain should be sold forthwith and the Applicant shall receive a lump sum of £180,000..."

We have just recently received an offer of £155,000. I am happy to accept this if my ex is happy to accept it as ful and final settlement. She is not. She is saying the "I must accept the offer of £155,000 less fees, and then pay her the difference upto £180,000"

I have an overdraft and credit card bills. I have no money. I have a small family business that my two grown up sons work in. It is my only asset.

I believe the order to be ambiguous.

Can I write to the court for clarification?

Help please.

Many thanks!

Hi Pantani,

From what you write I think the court order is quite clear and your ex is technically correct, BUT the order was issued on the basis of the finances at that time.

You have an argument to apply for a variation of the court order on the basis that it was ­base­d on financial factors, one of which was incorrect and not only was it incorrect but the result of that is that you are unable to comply with the order without causing yourself great financial hardship - the loss of your income generating asset, leaving you and your two sons jobless and relying on state assistance.

It sounds like a reasonable request to me.

Good luck!

YA

After much thought I have decided to issue an application seeking to vary the terms of the final order that was made. I am going to continue to “Act in Person” to keep costs to a minimum.

I am going to submit Form A in the next few days.

What will the procedure be? Submit Form E ? How many hearings will there be?

Many thanks

Hi there

You cant use a Form A to vary a capital order, only a maintenance order.

You need to make an application for leave to appeal out of time, and for appeal should leave be granted. Your basis of appeal is the alteration in the financial situation.

Your prospects of sucess are very low, and please be aware that appeals are costs adverse - which means if you lose (and you are likely to) you will have to pay her legal bill.

Sorry not better news

Amanda

Hi Amanda,

I am looking at a Form A and it does say that it can be used 'to apply to vary' and also a box to tick ' a lump sum order'....


Thanks

Pantani

Hun, I am a barrister. Trust me on this you cannot apply to vary a capital sum on a Form A.

The only way you can vary a capital order is via appeal.

By all means file it if you want, but it will be chucked back out by the judge.

Amanda