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  • FIRST POST
    • northernnic
    • By northernnic 6th Jun 19, 5:44 PM
    • 8Posts
    • 0Thanks
    northernnic
    divorced 8 years ago
    • #1
    • 6th Jun 19, 5:44 PM
    divorced 8 years ago 6th Jun 19 at 5:44 PM
    when i divorced 8 years ago , my ex had not let me see my kids in over a year , i capitulated and let her have everything , house , land , every possession i had , just so i could gain access.At the time i was suffering depression and under a CPN .I have struggled financially for all these years . Is there anyway i can challenge the verdict , and if so where do i go for advice.Thanks for any help
Page 1
    • BAFE
    • By BAFE 6th Jun 19, 6:25 PM
    • 172 Posts
    • 179 Thanks
    BAFE
    • #2
    • 6th Jun 19, 6:25 PM
    • #2
    • 6th Jun 19, 6:25 PM
    What is the verdict you wish to challenge?
    • TBagpuss
    • By TBagpuss 6th Jun 19, 7:29 PM
    • 7,411 Posts
    • 9,686 Thanks
    TBagpuss
    • #3
    • 6th Jun 19, 7:29 PM
    • #3
    • 6th Jun 19, 7:29 PM
    I don't think you have much chance of overturning an order made 8 years ago. Generally, any appeal would need to be made pretty quickly after the order was made.

    The exception would be if the order included maintenance, in which case you may be able to apply to change the amount of maintenace you pay going forward.
    • northernnic
    • By northernnic 7th Jun 19, 12:02 PM
    • 8 Posts
    • 0 Thanks
    northernnic
    • #4
    • 7th Jun 19, 12:02 PM
    • #4
    • 7th Jun 19, 12:02 PM
    i would like to challenge the fact that i received nothing , not even personal possessions , the marriage lasted 23 years , in which time we worked together in our own care home.
    • jackieblack
    • By jackieblack 7th Jun 19, 12:16 PM
    • 8,789 Posts
    • 14,340 Thanks
    jackieblack
    • #5
    • 7th Jun 19, 12:16 PM
    • #5
    • 7th Jun 19, 12:16 PM
    Was there a financial agreement that was approved/sealed by the court?
    2.22kWp Solar PV system installed Oct 2010, Fronius IG20 Inverter,
    south facing (-5 deg), 30 degree pitch, no shading

    Quidquid Latine dictum sit altum videtur

    MFW #4
    (2018 £866.89 OPd)
    2019
    YTD £748.85 (£550 offset)
    Jan £105.26, Feb £103.31,Mar £135.77, Apr £104.51, May £100, June £100, July £100


    Everything will be alright in the end, so if itís not yet alright it means itís not yet the end
    • chesky
    • By chesky 7th Jun 19, 12:33 PM
    • 1,172 Posts
    • 2,026 Thanks
    chesky
    • #6
    • 7th Jun 19, 12:33 PM
    • #6
    • 7th Jun 19, 12:33 PM
    Did you gain access to the children?
    • northernnic
    • By northernnic 7th Jun 19, 3:46 PM
    • 8 Posts
    • 0 Thanks
    northernnic
    • #7
    • 7th Jun 19, 3:46 PM
    • #7
    • 7th Jun 19, 3:46 PM
    no financial agreement , yes i got access as soon as i gave up and let her have everything
    • seashore22
    • By seashore22 7th Jun 19, 3:54 PM
    • 1,296 Posts
    • 3,031 Thanks
    seashore22
    • #8
    • 7th Jun 19, 3:54 PM
    • #8
    • 7th Jun 19, 3:54 PM
    You say that you wish to challenge the verdict, but it doesn't sound like you went to court all those years ago. Did you?
    • jackieblack
    • By jackieblack 7th Jun 19, 4:50 PM
    • 8,789 Posts
    • 14,340 Thanks
    jackieblack
    • #9
    • 7th Jun 19, 4:50 PM
    • #9
    • 7th Jun 19, 4:50 PM
    no financial agreement , yes i got access as soon as i gave up and let her have everything
    Originally posted by northernnic
    If there was no financial agreement approved or ordered by the court then nothing has been officially settled and everything is still up for negotiation.

    I suggest you get some legal advice asap.
    2.22kWp Solar PV system installed Oct 2010, Fronius IG20 Inverter,
    south facing (-5 deg), 30 degree pitch, no shading

    Quidquid Latine dictum sit altum videtur

    MFW #4
    (2018 £866.89 OPd)
    2019
    YTD £748.85 (£550 offset)
    Jan £105.26, Feb £103.31,Mar £135.77, Apr £104.51, May £100, June £100, July £100


    Everything will be alright in the end, so if itís not yet alright it means itís not yet the end
    • TBagpuss
    • By TBagpuss 7th Jun 19, 8:14 PM
    • 7,411 Posts
    • 9,686 Thanks
    TBagpuss
    OK, if you never went to court or signed an agreement, and assuming you haven't since married, you might be able to now make an application, but in deciding what order to make, a court would have to consider what was fair, which would include considering the delay, and any informal or implied agreements you had.
    You will need to get some legal advice
    • northernnic
    • By northernnic 8th Jun 19, 10:37 AM
    • 8 Posts
    • 0 Thanks
    northernnic
    because of my remote location (scotland) , there are only two or three solicitors , who all seem unable to help.Any recommendations would be greatly appreciated.
    • BAFE
    • By BAFE 9th Jun 19, 11:54 AM
    • 172 Posts
    • 179 Thanks
    BAFE
    You can't challenge the verdict because there was no verdict, only an agreement that yourself and your ex wife came too and which was prepared by solicitors and sealed by the courts.

    How old are the children now?
    • elsien
    • By elsien 9th Jun 19, 11:58 AM
    • 19,383 Posts
    • 49,186 Thanks
    elsien
    Were you living in Scotland at the time of the divorce?
    If so you might want to update your OP so you don't get replies based on English law.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Tigsteroonie
    • By Tigsteroonie 9th Jun 19, 12:00 PM
    • 23,282 Posts
    • 58,368 Thanks
    Tigsteroonie
    because of my remote location (scotland) , there are only two or three solicitors , who all seem unable to help.Any recommendations would be greatly appreciated.
    Originally posted by northernnic
    Scottish law - completely different, I'm afraid. The financial agreement may well have formed part of the overall 'divorce' process (as in, one process).

    You need to speak to a Scottish solicitor, from my recollection of Scottish law (IANAL) you can't do anything yourself. At the very least, ask this question of the Scotland peeps on Wikivorce.
    Mrs Marleyboy

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    Proud Parents to an Au-some son
    • jackieblack
    • By jackieblack 9th Jun 19, 12:03 PM
    • 8,789 Posts
    • 14,340 Thanks
    jackieblack
    , only an agreement that yourself and your ex wife came too and which was prepared by solicitors and sealed by the courts.
    Originally posted by BAFE
    Where does the OP say this?
    OP states that there was no financial agreement - I read that to mean that he just walked away
    2.22kWp Solar PV system installed Oct 2010, Fronius IG20 Inverter,
    south facing (-5 deg), 30 degree pitch, no shading

    Quidquid Latine dictum sit altum videtur

    MFW #4
    (2018 £866.89 OPd)
    2019
    YTD £748.85 (£550 offset)
    Jan £105.26, Feb £103.31,Mar £135.77, Apr £104.51, May £100, June £100, July £100


    Everything will be alright in the end, so if itís not yet alright it means itís not yet the end
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