Court orders being varied, Help!

Hi
Just wondered if someone could reassure me, going into a bit of panic!!

Under what circumstances would a judge vary a court order?
If a trigger point has arrived, and there has been clear provision for the dividing of the percentage amounts to be received by both parties, can one party, with the help of their solicitor vary the order and hope that the judge will agree. Or... once a judge has made his ruling, he will stand by his decision? There are no extreme circumstances, just one side trying to say that they should not pay for the statutory £5,500 set aside for estate agents/solicitors. And that they want 45% of the house price as at May 07. When it clearly states on the net proceeds of SALE.
The house sale has started and it has been agreed by both parties. But the other side now are trying to vary the date at which they THINK the house price should be taken into account. ie May 07 not June 08.

Sorry this is a bit confusing, but dont know how to explain it properly.

Any ideas on how the courts view trying to vary an order made by themselves.

Cheers, any advice would be really really helpful

zara

The other side could possibly apply to have the order set aside on grounds of a Barder Event. I suppose the arguement on this basis would be somewhat like :
When a house sells for substantially less than envisaged it *might* be considered a new event which changes the basis upon which the order was made. If the 'event' occurs within a relatively short time after the order having been made, an application for permission to appeal is made promptly and the granting of permission to appeal doesn't prejudice third parties who have acquired property involved in the proceedings it could be possible to overturn the order.
TBH though i reckon the ex is just trying it on. Was the original order a Clean Break?

The court order was made 2006.

My husband's ex left in 2003 he had the two children with him. Trigger points were placed in the court order
death
co-habiting
re-marriage
7th July 2008 when oldest reached 19
The order states net proceeds of sale, no provision for price or date for that settlement

The amount estimated for the value of the house in the court order was £185,000,

We remarried in July 2007 so in May 07 he made her an offer on the £185,000 as stated in that order, she refused. The house was put on the market at £212,000, so that he could comply with the trigger point of marriage. Over priced for what the house was but the ex insisted on that price.
She also made every attempt to stall viewings although she was not there, argued everything. The price has slowly come down. She has accepted the price of £167,000
All other properties in that area reflect that price.
The state of the property is not good, and to be honest lucky to get an offer, no other offer in 15 months.

There is a massive paper trail showing that MH tried his best to get a good price and settle with her.
She has tried to vary the order all the way through, not just the sale of the house, but they have been overcome.

So really I was just wondering if it could be plainly seen that he made every effort to comply, would a judge vary the order to accommodate the ex's new wishes of
not paying the statutory fees and rule that she has her 45% on the price that the house was worth?

cheers
zara

Who do the children live with and who did they live with at the time of the order being made?.... who is living in the FMH at time of order being made and now?
Has ex alreay applied to court to vary order or just threatening it?

themindboggles wrote:

Who do the children live with and who did they live with at the time of the order being made?.... who is living in the FMH at time of order being made and now?
Has ex alreay applied to court to vary order or just threatening it?

When she left in 2003 the children stayed in the home with their dad, she moved into a flat with another bloke and had a baby within 2 years. When the order was made 2006 they were still with him, they both have their own places now. One bought a flat the other sharing with friends. He looked after them for five years, no contribution from her at all.
He paid the mortgage and all bills. He does get credit for 50% of the mortgage installments. The house is empty now.
She has not applied to the court we just receive regular letters, in fact one this morning from her solicitor, trying to vary what is in the order. ie not paying the estate agents/sols fees.
She has agreed the sale price that is in the letter but is trying to hold onto the money so that she can vary how it is to be distributed out. The house price reflects the market, not MH trying to get a low price, after all he benefits from the proceeds as well.

cheers
zara
ps sorry bit complicated!!!!

Who's solicitor is dealing with the conveyancing??....
Solicitors letter you are receiving dont mean tosh.... the ex is just wasting more and more of her money in sending them, i hope your solicitor isnt replying to each and every one and thus costing you more in legal expenses. The ex and her solicitor are trying it on with the threat of court hoping that you wont want to go back b4 a judge and so will give in to her demands.... Just ignore it!!

Zara,

I think you, and everyone else, are over-complicating this.

It looks to me as though the Court made a Mesher order. A Mesher order cannot be varied. There are some very rare exceptions, but to all intents and purposes the original order cannot be altered.

Does your order contain wording like ' liberty to apply as to the implementation and timing of the terms of this order ' ?

If so,either of you can apply to the Court to sort out points of difference which arise, but the basic terms of the order cannot be changed.

Mike