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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22178
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Regards XXXXX XXXXX division, are court orders binding?

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Regards XXXXX XXXXX division, are court orders binding? Are the schedules in a court order part of the order? They are referred to in the court order. Can an incomplete phrase be corrected to ensure property is split equally as was intended on signing? Why I ask is because I am up against a situation where a property was sold for an agreed sum stated in the schedules and referred to in the phrasing but on calculating the assets and liabilities it turns out there is a $55K discreptancy. What can I do to retify the situation and ensure a 50/50 split which was always intended. Many thanks Elaine.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Court orders are indeed binding, and the schedules are part of the orders. Orders can be amended by consent at any time, but where this is opposed you would have to return to court to ask that the errors be corrected. If you can show there are mistakes then the errors will be corrected.
christhelawyer : if mistakes were made by the lawyers drafting the terms, then they will need to explain the mistakes and help you get this corrected.
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