Read the full judgment text of FCMC 3735/2016 on BabelCite. This Family Court judgment was delivered on 18 November 2019 before His Honour Judge G. Own.
Matrimonial Causes – Variation of Consent Order – Substantial and material change in circumstances – Sale of matrimonial home – Maintenance – Costs – Penal Notice – District Court – Petitioner (W) and Respondent (H) reached global settlement on ancillary reliefs on 28 June 2018 recorded in Consent Summons and Order dated 4 July 2018 – Terms included disposal of former matrimonial home (FMH) and distribution of net proceeds – Petitioner issued Summons on 15 April 2019 seeking amendment to delay sale of FMH until child completed DSE exams and to add maintenance provisions – Petitioner claimed history of depression, unsettled state of mind due to medication, lack of legal representation, and unsuccessful attempts to sell FMH due to market conditions – Respondent opposed application citing lengthy mediation process, Petitioner's acknowledgement of right to legal advice, and lack of substantial change in circumstances – Court held child's DSE examination and mental problems were foreseeable or pre-existing at time of Consent Order – Petitioner's lack of legal representation not valid excuse given acknowledgement of right to advice – No cogent medical evidence supported claim of instability at signing – Petitioner's evidence of estate agent appointments dated 4 months after agreed sale date indicated sham endeavour to pose sale – Petitioner failed to show substantial and material change in circumstances – Application to vary Consent Order dismissed – Additional maintenance provisions failed as corollary to failed delay application – Court held Consent Order already contained comprehensive financial arrangements for child – Court intervention not required for implementation as agreed mechanism for sale by auction existed – Costs awarded to Respondent including all costs reserved – Respondent's costs taxed in accordance with Legal Aid Regulations – Penal Notice endorsed on Order dated 4 July 2018 – Service of Order effected upon Solicitors for Petitioner.
Legal issues: Variation of Consent Order - Delaying Sale · Variation of Consent Order - Additional Maintenance · Court Intervention for Implementation
Outcome: Petitioner's Amended Summons dismissed; Costs awarded to Respondent; Penal notice endorsed on Consent Order.
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