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I want to apply to vary my court order because my partner has inherited some money. Can I do this?

If your partner’s inheritance was reasonably foreseeable when the court order was made then it is likely that the judge would already have taken this into account. If your partner did not disclose this to the court or to you during the full financial disclosure that has to take place then you could make an application to vary the capital that was originally decided in the order. Alternatively, if the inheritance that went to your partner was not reasonably foreseeable and happened just after the court order was made then you could also try to vary the capital of the original financial order.

If you do not have much money and are struggling with the maintenance on the original order you could also ask the court to vary yours or your child’s maintenance if your former partner has received an inheritance.

Before going to court it is important to attempt to re-negotiate the order with your previous partner’s solicitors. We are experienced in negotiating with the other party’s solicitors in order to avoid lengthy court battles but if an agreement cannot be reached we have the necessary experience and expertise to take your case to court.

If you are in this situation then it is very important to get legal advice as quickly as possible after the situation arises.

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