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UKfamsol
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 445
Experience:  Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
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My know ex wife who divorced me in 1997 is now applying for

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My know ex wife who divorced me in 1997 is now applying for planning permission on a plot of ground (which was attached to the dwelling) and that she failed to provide a full financial disclosure during the divorce proceedings but was still able to get legal aid for the divorce. She sold the property prior to the divorce as I put in her name 2/4 years previously and I presumed that the plot of ground was also included in the sale, but it now turns out it was not . Is it possible to put an' injunction' or register it so that if a vendor applies for a search it flags up and shows the land is in dispute to stop any sale being competed until an agreement is can be achieved between myself and ex wife on a share of the sale?
Submitted: 11 months ago.
Category: UK Family Law
Expert:  UKfamsol replied 11 months ago.
Hello and thanks for your question.

I need a bit more information first:

When you got divorced in 1997, did you get a court order (whether a consent order, or an order at the end of a contested hearing - it makes no difference) to deal with the financial and property matters associated with the divorce, or did you just reach agreement between yourselves?

What was the total value of all the assets to be divided between you?
What is the value of this piece of land that you thought had been included in the sale of the former matrimonial home?
Customer: replied 11 months ago.

Hi


Thanks for quick response. My ex wife sold the property (1996 appx)which she could as it was in her name), but took advantage that I was working away and kept all the money which she put in different accounts then divorced me. Hence started a long period of legal issues to try and get some money back. It went to court and I managed to get 24k from the 150,000 sale which was below market value due to selling to my daughter and having a 'side' deal on a balance figure. She stated that by the time it went to court she had no money left. But she never declared that she still retained a parcel of land to the court which was a section of the field belonging to the main dwelling which is now worth 120,000 k with planning

Customer: replied 11 months ago.

Thanks for quick response. My ex wife sold the property (1996 appx)which she could as it was in her name), but took advantage that I was working away and kept all the money which she put in different accounts then divorced me. Hence started a long period of legal issues to try and get some money back. It went to court and I managed to get 24k from the 150,000 sale which was below market value due to selling to my daughter and having a 'side' deal on a balance figure. She stated that by the time it went to court she had no money left. But she never declared that she still retained a parcel of land to the court which was a section of the field belonging to the main dwelling which is now worth 120,000 k with planning

Expert:  UKfamsol replied 10 months ago.
Hello again and thanks for the information.

I see that in 1997, the family court made a final order to deal with the division of the matrimonial assets on your divorce, which specified that you should receive £24,000 out of the total of £150,000, ie 16%. On the face of it, that does seem to be a small share - but as you know, it is too late now to challenge that order on the basis of the information and arguments before the court at the time.

I have looked into whether you can challenge the order on the basis that the court did not have full or correct information at the time the order was made. I am not too optimistic that you would succeed.

You are obviously out of time to appeal the order, (which is 21 days) so you would need leave of the court to appeal outside the normal time limit.

The leading case is Barder -v- Calouri (1988) AC 20 1988 HL

Leave to appeal out of time on the ground of new events is only granted by the court on certain conditions:
1. that new events have occurred since the making of the order which invalidate the basis, or fundamental assumption, upon which the order was made, so that, if leave to appeal out of time were to be given, the appeal would be certain, or very likely, to succeed
2. that the new events should have occurred within a relatively short time of the order having been made, usually with in a year.
3. that the application for leave to appeal out of time should be made reasonably promptly in the circumstances of the case
4. that the grant of leave to appeal out of time should not prejudice third parties who have acquired, in good faith and for valuable consideration, interests in property which is the subject matter of the relevant order

You might be able to argue that all of the above applies in your case - as the "new event" is the deception of your ex which happened at the time the order was made. But the court could interpret the "new event" as being your knowledge of this deception - which has only happened recently - and if so, then you will not get leave to appeal.

If you were successful in getting leave, and your appeal was successful in getting the original order amended, you still might only get 16% of the matrimonial assets - but it would be 16% pf the total including the value of this piece of land.

If you do not get leave of the family court to appeal the order, you might have a case in civil litigation - which is not my area. There is also a question mark in my mind about whether your ex's behaviour amounts to criminal fraud - but again this is not my area. You would need to speak to a criminal law solicitor for advice Abbot that or contact the police.

This is the type of case where I would normally get a barrister's opinion, as it is quite unusual. You will need to go via a solicitor to obtain a barrister's written opinion. Here's where to find a good family law solicitor:-

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.

I hate to specify - but please rate my answer ok, good or excellent - or I get nothing for my time!!! (so the website keeps all).)

Thanks and best wishes...
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 445
Experience: Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
UKfamsol and 3 other UK Family Law Specialists are ready to help you
Expert:  UKfamsol replied 10 months ago.
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