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Hi,
Just wondered on what grounds could my ex wife contest a Clean Break Consent Order/ask for it to be re-opened? Also, what is the historic success of such cases?
Got a sneaky feeling my ex wife wants 'another bite at the cherry' judging by some recent communications......we settled in August 2008 last year, a whole 18 months after our decree nisi and we both submitted Form E's. The order was made and approved by the judge.
So far she has written to me stating:
- she was under pressure to sign the clean break consent order (not true - both had legal representation)
- she believes I have a secret off shore bank account with lots of money in it (not true...god I wish!!!)
- she doesn't believe what I stated on my form E is the truth/accurate (mine was completed in full, hers the bare minimum and even then incomplete)
- that I had no mortgage on my home at the time of the order and have hidden this fact (not true - a clerical error meant it didn't show on the land registry, this has since been rectified)
- I have been misleading/lying about my earnings (Not true - have given her P60's every year, payslips etc as proof)
What do you guys make of this?
Rgds,
Matt
actually, I'd like some similar advice - my divorce settlement a number of years ago gave a 75%/25% split of the proceedings of house sale in my ex favour on the basis that she had made a larger contribution and also that she had care of the children, and I provided additional maintenance.
However, since I now have care of the children (I took them away from her 4 years ago which involved spending about £90,000 on a house extension to accomodate them) and she is paying no maintenance at all (she has told the CSA that she has had no income at all for the last couple of years), is there a way of going back to court to try to claw back some of the original settlement (probably now spent, so it would involve a charge over her house or pensions perhaps).
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