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jusleen
jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience:  Qualified Family Solicitor practising family law since 1999. Member of resolution.
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I was forced into signing a Consent Order which says I must travel to

Customer Question

I was forced into signing a Consent Order which says I must travel to another country to sort our marital (family) belongings within a six month time period, however, I am so heavily in debt due to my legal costs for the divorce, I can't afford to travel. Help?! Can I ask the court for an extension?
What are my options if I delay my trip?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  jusleen replied 2 years ago.
Hi you can apply to the court to ask for an extension of time if there is a clause in the consent order regarding applying to court to implement the consent order. How long do you have to comply? How long would it take you to comply? Have you contacted the other side to find out if they will agree an extension?
Customer: replied 2 years ago.

Firstly, I do not want my case details publicised on your website.

The Order reads...

"in the event the parties cannot reach an agreement in relation to the above there shall be liberty to either party to make an application to the court within 6 months of the date of the Decree Absolute under the Married Woman's Property Act 1882 or any other relevant statute."

By the wording of the Order I have until September 30, however, I financially can't afford to travel until later in the year.

Things with my ex are not amicable nor is he reasonable.

Can I ask the court for a time extension? and if so how do I go about doing this?

Expert:  jusleen replied 2 years ago.
Hi the form that you would need is attached to this link http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=98. It is form D 11. You will need to apply for a variation of the clause to extend the time. You will need to provide evidence as to why you cannot comply with the order within the specified time and evidence to show when you can comply at a later date. For instance if you do not have funds at this time but will later in the year provide documentary evidence of the same and attach with statement. Before making the application you must write to your husband or his solicitors to advise when you will be able to comply and providing the evidence of when you can comply to enable an agreement to be reached without having to go court. Even though he may be unreasonable if you do this and make sure that if within a specified time period a response is not received or a negative response is received make an application (and to ensure that you warn this will happen in the letter you write giving time period of 14 days or 21 days for a response) then if an application for costs is made you will have an argument to put forward opposing the same. Of course it is up to the court as to (a) whether to grant you an extension and (b) if unsuccessful whether to order costs against you. I hope this assists.