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I split from my ex husband over 4 years ago. My ex husband failed to attend court and a financial order for 50/50 equity split in the house was made.
I have a daughter and live with my new partner. I wanted to be fair and didn't include his business or foreign property in the split. He ignored court until the order and has now employed his friend who is a barrister to appeal.
The main basis of his appeal is that he wasn't informed about court so didn't have opportunity to defend himself. He is asking for a variation to 30% instead of 50/50 and is using the disabled son of his new partner being made homeless as reason for not doing 50/50 (he has had multiple partners since we split so this may not be a long relationship), he has never paid maintenance/anything etc.
My question is can the court throw this out because he didn't attend (I'm sure many people say they didn't receive notification of court) or are they likely to believe him and hear the appeal. He has always received other court attendances ok and the judge this time rang him twice before making the order. Any advice gratefully received. Thank you.
I have a daughter and live with my new partner. I wanted to be fair and didn't include his business or foreign property in the split. He ignored court until the order and has now employed his friend who is a barrister to appeal.
The main basis of his appeal is that he wasn't informed about court so didn't have opportunity to defend himself. He is asking for a variation to 30% instead of 50/50 and is using the disabled son of his new partner being made homeless as reason for not doing 50/50 (he has had multiple partners since we split so this may not be a long relationship), he has never paid maintenance/anything etc.
My question is can the court throw this out because he didn't attend (I'm sure many people say they didn't receive notification of court) or are they likely to believe him and hear the appeal. He has always received other court attendances ok and the judge this time rang him twice before making the order. Any advice gratefully received. Thank you.
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