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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.

Ex lied on clean break order

6 replies

Lgr12 · 01/03/2025 10:59

I obtained a clean break order in Nov 2023, 6.5 years post divorce. I suspected ex was lying re his equity on his new property given it was bought for £700k with a new partner - said he only had 50k equity in the property (he kept the marital home upon separation which was sold in 2023 for 525k and inheritance that he received while we were legally married, although separated) I received 10k when we split in 2016, admittedly he used the inheritance to extend/ do up the house and this increased its value. I signed the order because I just wanted it done with and to keep things peaceful for the kids. I remarried last year. I have since found out ex is also is the owner of 2 flats that he intends to rent out. Bought before the order was complete in 2023 and the company is registered with a date proving this is on gov.uk. Ex did not disclose these assets on clean order. Do I have grounds to get it overturned on failure to disclose and therefore me nor the courts could make a fair order? Or is it not worth the agro now I’ve remarried? Thanks for any advice

OP posts:
millymollymoomoo · 01/03/2025 11:33

No
and as you are remarried you have no claim

NorthernSpirit · 02/03/2025 11:46

It’s extremely unlikely that you would get a signed consent order overturned.

Add to this you are now re-married and your housing needs would be deemed as met. It would be even more impossible.

What are you after? A share of the BTL properties?

millymollymoomoo · 02/03/2025 13:31

even if you had no consent order as part of your divorce, the fact you’re remarried means you have no right to claim against assets or property . You might, in limited circumstances, have been able to claim
against pension as you’re remarried but the fact you’re remarried AND have a consent order, make this practically, if not 100%, impossible

are the flats owned outright with no mortgage or debt? Sounds also like owned as a limited company

you will waste thousands pursuing this for nothing in return

YankeeDad · 02/03/2025 14:42

I am not sure whether the advice above is right. If the guy owned large amounts of assets that were hidden when filing the financial disclosure, then that could be grounds to overturn it.

I personally think that paying a lawyer 1 hour of time to at least ask in principle how hard is it to overturn a consent order on grounds of fraudulent / incomplete disclosure, might be worth it, depending how much is at stake. If there are a few tens of thousands at stake, probably not worth it, but if there are hundreds of thousands, probably worth it.

This all assumes you would be willing to put up with the aggro for whatever amount is at stake. If not, then do not bother.

millymollymoomoo · 02/03/2025 14:49

Her remarrying prevents that

but yes op can see a solicitor

RandomMess · 02/03/2025 14:56

The likelihood is that newly purchased BTL would not have had much equity just large mortgages.

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