Barrard events / consent order

[Jessie75]

This quite literally beggars belief a consent order was sealed in 2017 and when the marital assets were finally handed over from the sale of the property (2021) there was an additional £2000 which was not listed in the original consented order deducted from the final amount shared.

I challenged this in court today because the other party refused to account for it and the other party claimed that this was a credit card taken out by me in his name which resulted in a charge against the property.

The judge has listed the hearing for him to provide evidence to vary the consent order.

Is this a judicial error I am genuinely speechless that he gets to come back with and here is another thing i want deducted five years after the date.

And if he gets a second bite of the cherry with regards to the consent order do I ?

I should also add that he has remarried which I understood prevents him from coming back and wanting any more assets from me ?

He isn't demanding more assets from you. You are the one who has taken this to court. He appears to be arguing that there was relevant information that wasn't disclosed at the time of the consent order. That is one of the grounds on which the order can be challenged. You could also challenge it if you have evidence that he did not make a full disclosure.

That was badly phrased. What I meant is that he hasn't taken you to court to demand more assets. You are the one who has taken this to court.

His marriage does not stop him challenging the consent order. There are four grounds on which either you or he could challenge the order:

• fraud or misrepresentation
• non-disclosure
• events have made the original order unworkable or unfair
• the order was agreed under undue influence or duress

Unless you can show that one of these applies, you cannot challenge the order. So no, you cannot demand more of his assets.

Should your thread title refer to Barder events? If that is the case, he is arguing that events make the original order unfair. The reference to Barder comes from a case in which the wife was awarded the house as she looked after the children. However, a few weeks later she killed herself and her children, leaving the house to her mother. The mother applied to enforce the order; the husband appealed against the order. The husband won on the basis that the original order had been intended to provide a home for the wife and children, but this was no longer required.

So his non disclosure of his debt is sufficient to challenge the order ?

And thank you for replying, trying to decide if its worth getting into another battle.

@Jessie75

So his non disclosure of his debt is sufficient to challenge the order ?

No. A challenge on that basis would get him nowhere as it would clearly be wrong for him to get more due to his own non-disclosure. Equally, his undisclosed debt would not entitle you to a larger slice of the assets.

I clearly don't know all the details, but it sounds like he is arguing that you ran up a debt in his name and that this is a Barder event (or, alternatively, that this was not disclosed by you at the time of the consent order) entitling him to hold on to more of the assets to compensate.

Based on the information you've posted, the central question appears to be whether you took out a credit card in his name and ran up debts on it. If you didn't and the court accepts that, if this credit card exists at all, it was his and any debts were his, he will lose.

IANAL but it sounds like the court will hear whether he has legitimately held on to the £2k because of debt you’d accrued in his name. If he can’t provide the evidence then you will get your money. Did you accrue debt in his name?

The card in question would have to have been taken out in 2012 so the gods honest truth is I don’t know. We split in 2015.

Any card that was taken out would’ve been used to the benefit of the family so clothes for the kids maybe household stuff.

My point is though he must’ve known about this when the consent order was drawn up in 2017 and we had an expensive trial last year and this was deliberately hidden.

Additionally our property was left out from 2012 until 2015 to problematic tenants who sold the entire contents of my garage on eBay so it’s just as likely that they took the card out