Overturning or Amending a Property Adjustment Order

Peterbilt · 01-06-2017 5:54pm #1

Does anyone know if it's unheard of for a Property Adjustment Order regarding farm land to be overturned or amended in a Judicial Separation situation? If it's happened before what were the circumstances?
Neither me nor my neighbour here are solicitors so keep it simple..

And yes we already know about getting good legal advice etc etc.....
Thanks.

Peregrinus · 02-06-2017 3:25am

Either spouse can appeal the property adjustment order (or any other order) made by the judge at first instance, and on appeal it can be overturned or amended.

Peterbilt · 02-06-2017 7:39am

What if the order was made two years ago, no appeal was made at the time, but the respondent now realises that he was far too generous?

Peregrinus · 02-06-2017 8:23am

He should talk to his lawyer, but he's in a sticky situation. The property adjustment order has presumably been executed (i.e. the property has been transferred) and the courts will be very slow to reopen that. One thing people expect from court proceedings is certainty; they may not like the outcome but at least they know what it is. It would require some pretty unusual facts to persuade the courts to reopen it now.

Peterbilt · 03-06-2017 9:55am

The respondent was not represented in court the day Adjustment Order was made, was not even in the country, and didn't know about it til he returned home from working abroad to find various letters waiting inside his door, one of which contained letter about this Order. Because respondent was not in court a Stay was put on order for 14 days. The 14 days ran out and land was signed over without even respondent's signature.
Would that scenario constitute an unfair state of affairs or an unusual state of affairs??

Peregrinus · 06-06-2017 1:31am

The respondent would still have to explain why he waited two years before appealing the matter.

Peterbilt · 06-06-2017 5:04am

Yeah, that's the problem. At the time he just wanted to get shut of the whole mess and "move on" as they say. But now he realises that he was a bit too generous in that the applicant in question never contributed anything to the overall running of the farm, and the marriage lasted less than 6 years. Also, there was a burden on that particular piece of land in that an elderly relative had to be maintained from it, but it was transferred over anyway.
Thanks for your thoughts on it Peregrinus.

Overturning or Amending a Property Adjustment Order

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