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Judgement read out is different to sealed order

  • Mumin
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02 May 24 #522998 by Mumin
Topic started by Mumin
Strange situation!
I had my final hearing 5 weeks ago and judgement hearing 3 weeks ago.Sealed order came last week.
I am LIP and ex is represented by a barrister.sealed order drafted by ex's barrister.
During Judgement read out Judge awarded me 3 year Global maintanence after the sale of FMH,until then CMS to be paid at CMS rate .Means 3 years of GM will start after FMH is sold.
For example if FMH takes 6 months to sell ex will 6 montsh CMS.and 3 years GM after that.
But in sealed order drafted by exs solicitor they combined the CMS +GM to 3 years in their favor.They have added few recitals which were not read out by judge during judgement hearing.
How to deal with this?I am plannig to apply for court transcript EX107 as I am 200% sure of what judge had said during the judgement hearing.
What should I do after obtaining the transcript?
I do not want to appeal but just want to correct the order according to the judgement read out.
Thank you.

  • EMC3419
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03 May 24 #523005 by EMC3419
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Are you sure you heard the order correctly? It seems a bit odd to get a term maintenance order without certainty of when it ends. The way you heard it could mean you could string out the sale of the house for years and then get global maintenance years into the future which seems unlikely to have been the judge's intention.

Are you sure they weren't just explaining how it might work in practice if you sold on a certain date?

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05 May 24 #523010 by Mumin
Reply from Mumin
Hi Judge read out 3 years global maintanance,but in the sealed order it mentioned CMS until the sale of the property and then GM for remaining of 3 years.Means if house is sold in 12 months ,i will get CMS for first 12 months and then rest 2 years i getGM.but total period is fixed 3 years.If house is sold in 3 years I get only CMS for 3 years.This means i never get spousal maintenance.
So there is discrepancy in the judgement reading and sealed order.Sealed order is drafted by ex's barrister as I am an LIP.
what should i do in this situation?I am planning to request for transcript to see what exactly judge has said.is this an option?

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05 May 24 #523011 by Mumin
Reply from Mumin
judgement was clearly 3 years GM and then CMS if any child is under 18.

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05 May 24 #523012 by Mumin
Reply from Mumin
judgement was clearly 3 years GM and then CMS if any child is under 18.

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05 May 24 #523013 by EMC3419
Reply from EMC3419
Who is paying the mortgage until the house is sold?

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05 May 24 #523015 by Mumin
Reply from Mumin
Ex and its interest only.
But My question is there is contradiction between judges read out and sealed order.As i was LIP ex's barrister only drafted the final order .
Can I ask for a Transcript so that this can be corrected?

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