Appealing a Financial Order: Non-Disclosure

Can You Appeal a Financial Order in Divorce?

Yes - but it’s not easy. Once a financial order is finalised, it becomes legally binding, and courts are reluctant to reopen cases unless there are exceptional circumstances. One of the strongest grounds for appeal is non-disclosure, where a party has failed to provide full and honest financial information during proceedings.

What Is Non-Disclosure?

Non-disclosure refers to a party withholding or misrepresenting financial information, such as:

• Hiding assets or income
• Failing to disclose offshore accounts or trusts
• Underreporting business interests
• Omitting liabilities or debts

This undermines the fairness of the financial settlement and can justify an appeal or even a complete rehearing.

Legal Grounds for Appeal

To appeal a financial order, you must apply for “permission”. The court will only grant permission to appeal where either: 

• The court considers that the appeal would have a real prospect of success (rule 30.3(7)(a)); or 

• There is some other compelling reason why the appeal should be heard. 

One of the legal grounds on which you can base your application for appeal is on the non-disclosure of relevant information of finances in the Form E. To read more on changing court orders, click here. 

How do you appeal a final financial order? 

To begin the appeal process, you must file a Notice of Appeal with the appropriate court. This document should clearly outline the grounds for your appeal and be accompanied by all necessary paperwork, including: 

• A copy of the original court order 

• A detailed explanation of the grounds of your appeal 

• Any relevant evidence or documents that support your case 

• A concise summary of the legal arguments you intend to rely on 

When submitting your Notice of Appeal, you must specifically request permission to appeal. A judge will review this request and determine whether your appeal has a realistic chance of success or if there is another compelling reason to hear it. 

If permission is granted, the case will proceed to a full appeal hearing, which generally involves a review of the original decision rather than a complete rehearing of the case. The judge will examine whether the initial ruling was incorrect or unjust due to a serious procedural error or other substantial issues. 

At the appeal hearing, the court can: 

• Uphold the initial decision 
• Set aside the order 
• Amend parts of the original order 
• Return the case back to the lower court for reconsideration 

Given the complexity of appealing a financial order, it is important for you to seek expert legal advice.

Need Expert Help?

If you believe your ex-spouse withheld financial information during your divorce, you may have grounds to appeal. Vardags specialises in high-value and complex cases involving non-disclosure. Our expert solicitors can guide you through the appeal process and help protect your financial future.

We offer a free initial consultation to qualifying individuals.

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