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History: Home UK Divorce Forum
Topic:
Over turning a clean break order (4 Posts)
Started By:
Date:
28 February, 2017 03:55PM
Over turning a clean break order
janenash - 28 February, 2017 03:55PM
In January I received my clean break order, however I was bullied and manipulated into signing what I did, and now I feel like i'm strong enough to fight this.

My ex earns significantly more than me but I do not know how much as he wouldn't provide a full disclosure but I believe £7-10k a month and I earn £2200
We have a 4 year old
He still lives in the house and equity around £80k
I walked away with £14k plus monthly payment of £1000 for 9 months then down to child maintenance only of £600 a month.

The majority of the bullying was that he didn't want me to make him sell the house, so didn't. Now he has put it on the market and I feel like an absolute fool..not even 2 months after the order came through

Can I get this over turned, I'm surprised a judge signed it anyway as it's such an obviously unfair split but now he is selling the house regardless I am very upset. I rent a house and can not afford to buy.

I appreciate any advice you can provide me and thank you.



Edited 1 time(s). Last edit at 28/02/2017 04:04PM by janenash.
Re: Over turning a clean break order
davidterry - 28 February, 2017 07:08PM
>>Can I get this over turned

No. This order was made by consent. That is you agreed to it. Such an order can only be overturned in very limited circumstances such as the other spouse failing to disclose he/she had £100,000 in the bank. That is not this case. If people could overturn court orders made by consent on the basis of alleged bullying there would never be any end to litigation.
Re: Over turning a clean break order
janenash - 02 March, 2017 10:12AM
He said he earned £4250 not the £7-10k I found this out at a later date
Re: Over turning a clean break order
davidterry - 02 March, 2017 10:56AM
You said what you 'believed' he earned. There is also the small matter of whether you could reasonably have been expected to have found this out before signing the terms of agreement. People can and do ask for basic financial disclosure before entering into agreements.
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