Introduction to setting aside financial orders
Most financial orders are made as a result of the parties reaching an agreement. In the absence of an agreement the court will be asked to determine the matter. In both instances a court order will be made and can be enforced by either party in the event of the other’s non-compliance. In the vast majority of cases this brings the matter to a conclusion. Either party can ask for permission to appeal an order made by a judge if there has been an error in fact or law. In other cases it is possible to apply to set aside the order, the effect of which is that the matter is reopened and the matter can be re-determined. Such instances are uncommon as the courts are only prepared to consider such applications in very limited circumstances. On the whole, a party can only set aside an order where there has been fraud, mistake, material non-disclosure or events occurring which invalidate the basis on which the order was made. A 2012 case also added undue influence to a possible reason to set aside an order. For more details please refer to our guide to setting aside financial orders.
How Vardags can help you with setting aside financial orders
Setting aside a financial order is an uncommon and complex legal procedure. If you believe that your circumstances may be such that setting aside a financial order is a possibility, we urge you to seek legal advice immediately. Depending upon the basis for the application there is generally only a matter of months after an order is made, or suspected fraud, mistake or material non-disclosure is discovered, during which a party can apply to have an Order set aside. As we are constantly dealing with cases challenging the law we are perfectly positioned to advise you on the merits of your potential claim. It is important that, from the outset of any proceeding, you have a coherent and clear legal argument to support your case. Uniquely, we have the benefit of an in-house financial and commercial team, headed by Dr Stephen Bence, who get heavily involved in cases where we believe that a party has failed or is failing to disclose assets.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.