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After Decree Absolute

Posted by Peacefullife 
After Decree Absolute
March 11, 2021 04:02PM
Dear Terry,

Thank you for this platform, it is so helpful to read so many posts and your responses as they provide guidance to so many of us during such difficult times.

Financial Order made by the Judge stated that the matrimonial home be “sold in the open market at a price agreed upon by both parties”. After covering all expenses, balance to be split between the two parties (higher portion to me). The home was advertised for sale but for nearly a year there were no offers and the asking Price had to be reduced by more than £200k. Both parties agreed that as the value had reduced so much and to avoid any further delays I could buy the property and pay the share to him. The transaction completed smoothly following which Decree Absolute was issued last year. It was a clean break. The other party had an acting solicitor and had to oversee the sale of the property. I had no legal representation.

Can my Ex ask the Court to revisit the Financial decision and ask for a higher share if the circumstances have changed ie. loss of his employment, changes to where the child would live,etc? Could the court/ honourable judge revisit the financial decision after a decree absolute has been granted?

Thanks so much.
Re: After Decree Absolute
March 11, 2021 06:01PM
>>Can my Ex ask the Court to revisit the Financial decision and ask for a higher share if the circumstances have changed ie. loss of his employment, changes to where the child would live,etc?

No. If people could do this there would never be any end to litigation. If there is some sort of ongoing obligation specified in a court order - such as continuing spousal periodical payments - the parties can sometimes go back to the court and say they want a lump sum in exchange for a clean break. However, there is no general right to go back just because circumstances have changed. That is irrespective of decree absolute.
Re: After Decree Absolute
March 11, 2021 08:30PM
Thanks Terry for your prompt response.

It was a clean break and no ongoing spousal maintenance needs to be paid by my Ex. My Ex is requesting if the child could live with him for 11+ education. My concern is that after a year or more he may request the Court to re-visit the Clean break order made during the Divorce proceeding and request the split of asset be reversed in his favour and also ask for child live with order to be granted to him. As a mother even a possibility of a change of the live with order is very worrying for me especially if we mutually agreed that the child could live with him for study purposes. Is it possible for him to request the court to grant the live with order to him and revisit the financial split of the asset made in the clean break order?

Thanks so much.
Re: After Decree Absolute
March 12, 2021 09:43AM
I have already told you that courts do not reopen clean break orders without exceptional circumstances (of which there are none here).

Either parent can always ask a court to change residence/contact arrangements for a child at any time and a court will decide that question based upon what is in the best interests of the child.
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