Setting aside or revisiting Final Consent Order

Hello,
Need some advice regarding a court order set roughy ten year's ago. Has anyone in the history of court cases managed to get a Final Court Order set aside, Nullyfied or reheard by a judge? I know that these thing's are fact based etc.. i dont have the funds to instruct a solicitor to help me sort this mess out. It has been ten years now & ive had to wait until the ex wanted to change something (which has now recently happened)

Is it correct that all cases should be inspected by your legal team to ensure that you are not being shafted by the other legal team? Presidents Direction or something?
I have read also that all cases are available to be reviewed under section 37 of the CPR (Court Procedure Rules)
The option of TOLATA is another route i have considered, but again it is questionable if that would be succesful or not?

There are a lot of questions and not a lot of information provided to answer those questions.

It is possible to apply to vary an order although this would be based upon outstanding terms of the implementation of the order. For instance, if the a property was to be sold after 10 years and something change during that 10 years, it might be appropriate to apply to vary. It is also common to apply to vary or discharge a maintenance order.

I'm not sure what you have read that suggests that all cases are available to be reviewed. It's not open to any party to have an order reviewed without good reason and you should think carefully before you start court proceedings which may cost you and may also lead to a costs order being made against you, particularly so in TOLATA proceedings which are governed by the Civil Procedure Rules rather than the Family Procedure Rules..

Charles

Thankyou for your reply Charles.

I have quickly summarised the outline of the problem, although there are many other points or variables that i think make a case for review that i have made in another post, but i didnt want to overwhelm you buy adding all of that here.

I agreed to transfer my equity in the property to her 'sole' name...i was insistent on that point. When the paperwork arrived it was with another party added to the mortgage so i refused to sign the paperwork. She called me every name under the sun obviously because i refused to sign the transfer papers.She then made it clear that she would just live in it then and benefit massively by just paying the interest on the mortgage. The mortgage was and still is a buy to let mortgage and as far as i am aware she is in breach of the terms by living in it, although as long as it has been paid every month i am pretty certain the mortgage company are not really fussed.After my refusal to sign i did write to the judge who stated that the order was to be followed and that it was a transfer into her sole name no one else was to be added.... i then asked solicitors to advise regarding a sale and what would that entail etc.... to which the answer was that the judge would probably not force a sale due to her having the right to occupy the property under the children's act...not so great!! It would at the very least be an expensive endeavour that might not work in my favour.So i had 3 choices:-
Continue fighting.
Not continue fighting.
Address the situation later.At that point i had spent 20k on trying to get a residence order in my favour, i kinda succeeded in the fact that i had a shared residence order and i had secured more time with my children compared to what was being offered by the ex.
At that point there was roughly 30k equity, of which it states in the court order that my share is a percentage of that amount.Considering that i never transferred my equity i am of the opinion that i still own half of the property, which obviously the ex disagrees with. She mentioned last year about selling etc.....hence why this has all surfaced again. I don't see why now i cannot take my share of the equity which is now probably more like 130k so in effect i would be looking at easily 65k.Considering that i have not pursued her for occupational rent for the last ten years (even though she and her partner are in full time employment) i think her paying me my fair share is not a ridiculous offer, considering that occupational rent for the last ten years is in the region of 60k, so i could potentially be asking for 120k. Or am i just being unreasonable expecting to take more then the 12k she is actually offering me?!This is why i consider the original court order is in need of either being set aside, nullified or amended.

Any words of advice Charles? There were so many lies throughout my case it is laughable. Plus the fact that she lied about her relationship status to the judge at FDH, deliberately failed to mention savings, no mention of the other property she owned and no disclosure of pensions etc.... given that we were engaged i am of the understanding that we were treated as married by her solicitors but mine did not seem to agree which perhaps was negligence on his behalf? Solicitors failure to even book the CAFCASS office for the FDH so my barrister had no option to cross examine and his constant telling me that we would be able to cross examine the ex at the final hearing showing her up to be the complete fabrication queen turned out to be utter rubbish as that never happened either.

i don't know where to begin really. I also wonder if i would have a claim against the sol or barrister for negligence as the last solicitor i did speak with said he had never seen such a poorly written final order as it simply did not cover my needs whatsoever.

Sorry to rant a bit, its just i am living on DLA, ESA, & benefits only stretch so far and yet the ex and her fella have for the last ten years enjoyed an income ten times mine, not that i have an income anymore due to my inability to continue working for the same employer as the ex and her fella plus due to my disability i have zero options of finding any employment.

How can it be that two full-time very well paid working people are allowed to live in a property paying only interest mortgage payment of a couple hundred pounds and i am in private rented shelling out 800 (450 of which is HB) which means i have less then 150 a week to live on and provide for two children... No wonder the suicide rate for men in their forties is massive...it is something i contemplate most weeks because the system is so damn unfair!!