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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10176
Experience:  Barrister 17 years experience
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Our Family Circuit Court Hearing was last Tuesday week for

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Our Family Circuit Court Hearing was last Tuesday week for the Judicial Separation hearing. At which point the court Judge made a number of court orders awarding payments for various items and the granting of Judicial separation. The Judge deferred decision concerning the sale of the family home until the next hearing date 16/05 were I was instructed to produce a signed letter from the bank confirming that they were permitting me taking over the mortgage in my own capacity and removing my wife from the mortgage liability. Today a stay on the order was put in place until the 1 Sept 2013 at which point the home would be sold if not possible to removed wife from mortgage. The other order granted today was a nominal interest to us both in my wife’s pension. There is one child of the marriage aged two for which maintenance was awarded.

My questions are as follows;
A) If I wanted to request the Judge to review an order granted already, based on additional information I did not mention earlier, what form do I need to file and by what date?
B) If I can show that the overall cash flow would be worst for the family in the event property sold (large negative equity of approx €230K) remaining debt would still need to be repaid at worst interest rate and shorter term (presently tracker mortgage). Can a permanent stay be placed on the proposed order due to commence 1 Sept.
C) During the initial hearing I was visibly upset and was not able to articulate my response to the various statements made by my Wife and legal team, consequently I do not feel both arguments to the matter were aired sufficiently. What remedy is available to address this?
D) The Judge only appeared to refer to my wife’s order requests per the Family Law and Civil Bill and did not appear to be aware or consider my order requests made in the counterclaim filed. I was too shell shocked at the time to point this out. Can I file additional order requests for decision or is it too late?
1. The answers to your questions are as follows:
(A) YOU Should get your legal team to put down a Motion to vary the earlier order on the basis of fresh evidence. This can be in the form of an application to "speak to" the earlier order or else to vary it in certain respects. Here a Notice of Motion and affidavit grounding the motion should be issued.
(B)No. The Order for sale will not be stopped merely because of financial circumstances.
(C) An appeal.
(d) It is too late. I would advise you to get yourself legal representation if you are being "shell shocked" or "not able to articulate my response". Remember the adage "A man who is his own lawyer has a fool for a client".
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Customer: replied 3 years ago.
Thank you for speedy response, with regard point A is there a time limited on request been made, X days from when order was granted?
Customer: replied 3 years ago.
For point C , can the appeal be done at circuit court level?
2. The Motion to vary the order should be done immediately, as there is a greater likelihood the application will be granted if a short time has elapsed since the making of the order. Otherwise, if a length of time has elapsed, the judge will simply tell you to appeal whatever part of the order you are not happy with. Secondly, an appeal cannot be made at the Circuit Court level. YOu will have to appeal to the High Court.
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