Can/do consent orders ever get torn up and start it again

[Jessie75]

They have literally been so many barder events that have come up since we divorced I wasn’t represented when the consent order was put together literally I didn’t have money for nappies and he had a solicitor.

Neither of us got any equity out of the house because it all went on legal fees with him forcing the sale and five years after the consent order was ordered I still don’t have my share of his pension and he’s just popped up with the two grand credit card he reckons I owe.
Needless to say he’s rebuilt his life got married bought a beautiful house I’m in a shitty rented flight with his kids and it’s costing me a grand every time I have to move house which at the moment is every six months.

I do work but my earning potential is massively hindered obviously.

He pays child-support via the child maintenance service and loads up his pension to keep it to a minimum.
Events include things like he had moved in with his now wife before the ink was even dry on the consent order.
He claims he lost a 40 grand car which I then got chased by the finance company for been sold and I couldn’t prove I hadn’t sold it I was being threatened with the actual police and I spoke to the police and I was told that this was correct and I could be arrested it was all in my name because somebody had bought it under the false pretences Finance owing.

Any words of wisdom I’d like to tear the damn thing up and start again

I should also add that at the time the consent order was put together I’d literally just finished six months fight with him over custody for the children which I want full section 7 report I was literally out of my mind with worry quite honestly if you do put my death warrant in front of me and told me to sign it I would’ve

Barder events are very rare. It is therefore unlikely there have been a lot of them since your divorce. You mention his remarriage as one event. Remarriage is generally not a Barder event, although it may be one if it can be shown that he intended to remarry at the time the order was made and concealed his intentions. Note that I said it may be one, not that it will be.

There are circumstances in which a consent order can be overturned, for example if relevant facts have not been disclosed, or there has been undue influence. If you believe you have a case for challenging the order, you need to move quickly. You should consult a solicitor. They will be able to advise you as to whether you have a case.

Well according to the last judge we were in front of him finding a credit card bill from 2012 is a barder event. So if thats one, weve had 3 or 4 of those

I find that surprising. Miscalculation of assets and a change in value of an asset is not a Barder event, so I struggle to see how discovery of an old credit card bill is, but obviously I don't know the full details.

In order to get leave to appeal a financial order on the basis of a Barder event, there are four conditions that must be met:

• The event must invalidate the basis for the order or the fundamental assumptions on which the order was based.

• The event must happen within a short time of the order being made. There is no specific time limit, but it is highly unlikely that anything that happened more than a year after the order was made would qualify.

• You must apply for leave to appeal the order promptly after the event took place.

• Granting leave to appeal would not prejudice any third parties.

This was set out in the original case (Barder v Barder) in 1988. Since then, very few appeals on the basis of a Barder event have succeeded.

Well its in his favour not mine so i may cut and paste that and present it to the judge if thats ok ?

You can do whatever you want with it. However, if you are attempting to appeal against the consent order on the basis of a Barder event (which is how your original message read), you really need to consult a lawyer.

Thank you, no you see the thing is it’s not me that actually wants to appeal on the basis of a Barder event he is being allowed a hearing on the basis of this two grand credit card bill that’s popped up and I want to squash it down I’m sorry he’s had nearly 6 years to raise this and he hasn’t just beggars belief that if in the court is considering that to be a barder event and listening to it then I have a list of others 🤣🤣

It's not a Barder event. He must be alleging a failure to disclose but he'll fail as presumably the card is in his name so it's his failure. If I were you I'd go all lawyered up to the hearing and get it kicked out together with an order for costs.

That’s the plan believe me, I just wanted to be ready really in case we get a Dozie judge and so far I’ve had for Dozie ones and one decent one and of course the decent one sent it to trial and it all went his way.