FAQ

Q:My partner has inherited money; can I apply to vary my court order?

A:

In making the original order the Court will have had regard not only to the financial resources of the parties at that time, but also prospective assets which they were likely to receive in the foreseeable future. Therefore if the inheritance that your former spouse or partner has received was reasonably foreseeable at the date the order was made, it should already have been taken into account. However if such an interest was not disclosed as part of the financial disclosure process or was received very shortly after the making of the order (having not been reasonably foreseeable) it may again be worth considering making an application to vary capital provisions made within the order.

It would also be worth asking the court to exercise its wide ranging powers to vary the provisions that have been made for you and your children in respect of maintenance to take into account your spouse’s improved financial position. This will be particularly relevant where you and your children are in a position of financial need. In each case the Court will be vigilant to ensure that any variation application is not a disguised form of appeal of the original order.

Vardags is a top family law firm that specialises in complex cases often involving an international element. If you cannot find answers to your questions here, please consult our ‘family law guide‘ for further information, call us on 0207 717 9979  or email