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Final hearing

5 replies

Bertie1970 · 18/10/2017 11:30

Hi just had final hearing where wife says she has nothing now found out her new partner selling his his to help buy me out but she new this but never disclosed this can I go back to courtas have proof but on before court by 4 days

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traviata · 18/10/2017 11:59

so your ex has a boyfriend/partner
and he owns an asset (property) which he is going to sell so your ex can raise the money to buy you out
and she never mentioned this at the final hearing? Have I got that right?

Nobody online can give you an exact answer. It depend on so many factors.

In theory, yes, a court final decision can be re-opened if one of the parties failed to give full disclosure of relevant facts. But in your situation, I think the question you must ask yourself is "what difference would it have made to the decision?".

If your ex is going to buy you out, then I assume the court divided your former home into shares, for you and for her.

Would that division really have been different? It's unlikely, for example, that the court would say "ok Mrs Ex, you have a partner, you can live in his house and we'll give everything to Mr Ex". The chances are the equity would have been divided the same way with or without knowing about ex's partner's asset.

And presumably there was some discussion at court about how/when the house would be sold to release your equity; so if your ex can buy you out sooner, that's a better deal for you?

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Bertie1970 · 18/10/2017 12:42

Yes her partner always had house but said not cohabiting had taken less of what houses is worth but getting money now from her but they could be mortgage free and I thought if her needs were meet should have been 50/50 where I lost nearly 30 k

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BrandNewHouse · 18/10/2017 12:49

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 18/10/2017 13:14

If you want to reopen the order you need to act quickly. This could be grounds to reopen things. If you are alleging fraudulent non-disclosure and the court accepts that it is your ex's task to show that the order made is not significantly different to the order now contemplated. If all you can show is inadvertent non-disclosure you will have to show that the non-disclosure made a material difference.

You would not need to appeal. You would apply under rule 9.9A of the Family Procedure Rules to set aside the original order, and go before the same judge. I think on the basis of what you posted (which I have to say is quite disjointed and hard to follow) you may have good grounds for recouping the £30k. It all depends on other factors - eg did you keep a large pension in exchange for which she got the extra £30k?

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Bertie1970 · 18/10/2017 13:24

House was valued at 240k but now worth 280k and I was waiting to sell in 4 years when youngest was 18.
Got 35% mins owe on property as was advised judge took the women side more so would not have got 40% plus pension.
But you correct I'm moving on as solicitor and courts are not cheap and as you said would I get much more probably not and stress not worth it