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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Varying financial order

5 replies

JustLookingforAnswers · 19/08/2021 18:27

Hi, please don't tell me "I should have thought about this before signing the financial agreement" as already had that from my mum and it just makes me get more angry at myself. Have posted a few times about the nightmare that is my divorce - I guess they all are 😩

ExH was meant to buy me out, we agreed on amounts and signed court order. Judge then said we should add a clause about house being sold if he wasn't able to buy me out, but nothing specific about how to share in that case.

After many discussions/arguments house now been sold for A LOT more than we estimated and I would lose around £60K! I spoke to the courts and I can write to them to request a variation, and I want to explain that I feel it is unfair given the huge difference.

Has anyone done this before? I know it is a very specific situation but thought I would ask just in case.

In addition to feeling awfully guilty about my son having to move out of this home, I'm now so annoyed at this 😢 any advice welcome xx

OP posts:
RestingPandaFace · 19/08/2021 18:30

I could be being thick (it has been known)
If the house has sold for more money how are you losing out?

RestingPandaFace · 19/08/2021 18:32

He was buying you out for say £100k based on a £200k valuation, but now you’ve sold for £320k but he still wants your share to be £100k?

JustLookingforAnswers · 19/08/2021 18:34

Because the financial order specifies a fixed amount he needs to pay me in order to buy me out from the family home. The initial agreement is that he would buy me out and stay here, but now he cannot afford that and we are selling.

OP posts:
JustLookingforAnswers · 19/08/2021 18:34

@RestingPandaFace yes that is pretty much it!

OP posts:
RestingPandaFace · 19/08/2021 18:48

No advice, but if you are asking for 50% and there’s no massive disparity in what you put in then that seems reasonable. I’d be tempted to write too based on the rise in prices since you started the process. I’d ask for 50% rather than a new fixed amount though just in case.

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