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I have my final consent order for financial remedy but my ex lied on D81 form. What can i do?

(7 Posts)
DRLMG Mon 19-Feb-18 12:16:30

I have a final consent order for my financial proceedings. This was a complete break order. However at the time of the divorce (2015-2016) my ex-husband lied on the D81 form. He didn't include £70,000 worth of shares. Fundamentally he made me agree that these would not be included and I couldn't fight him at the time because he was threatening to take the children away from me. He falsely claimed that I was abusing the children to the local authority. I was so low I couldn't fight him and just had to agree with everything that he wanted just so that I could get the children and I out of the house where we were living with him.

Is there anything I can do? Could I go back to court to reopen the case? Or is it too late? I can't afford another barrister as I have just had to fight him for primary care of the children and that cost me £20,000. I have no money left.

OP’s posts: |
Angrybird123 Mon 19-Feb-18 14:30:07

You can ask for a CO to be overturned if you can prove nondisclosure or fraud but it has to be ASAP..the sooner the better. What evidence do you have of the shares? As to the blackmail, if you have any proof of that is say it's a police matter x

DRLMG Mon 19-Feb-18 15:06:58

The shares were bought by his father when he was young. The shares are in an account in my ex's name but officially owned by his father.
His father used to send him 6-month statements that my ex used to work out much tax he would pay each year on the earnings from his dividends. I have copies of these statements going back 10 years.

I'm just a little worried that my ex will just claim that they are his fathers shares and they they were never ours. However we always kept them as our back up in case we needed money. My ex has always claimed that they were our and always paid tax on them. In the divorce he turned around and told me they were his fathers but he was lying.

This is why I haven't been brave enough to pursue the case.

OP’s posts: |
pollythedolly Mon 19-Feb-18 15:09:21

If he's paying tax on them and they are in his name they are his shares.

I call bullshit on his father owning them.

Hermonie2016 Mon 19-Feb-18 23:10:41

What do you think about the deal overall?

A court could award 50% so £35k and as you know court will be close to £20k+.

Is there a compromise, put the money away for children?

I know how tough it is to accept that ex has got away with lying, I know ex hid money as we found some shares but not all.
I just feel sometimes you have to draw a line and move on, even if it's not fair.
Divorce sadly is often unfair financially for women but ultimately women tend to be happier.

Familylawsolicitor Thu 22-Feb-18 23:27:09

It's very difficult to overturn a consent order and very rarely successful. From what you say it seems you knew about the shares at the time and believed he had not properly disclosed them on the form. So you had a choice to either issue proceedings or to accept the deal as it was and you accepted the deal. You didn't ever believe the shares were his father's so you can't say that his misrepresentation led you to accept a bad deal.
You need to prove not just that he lied.

But that his lie was a misrepresentation to the extent that it invalidated your consent. Baldly, if you believed it was a lie at the time and consented to the deal anyway you are not going to be successful.
I would kindly suggest not throwing away more good money after bad.

serena5610 Sat 03-Mar-18 03:24:03

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

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