Appealing a Divorce Financial Settlement

Can You Appeal a Divorce Financial Settlement?

Yes - but only in exceptional circumstances. If you believe the court made a plainly wrong decision, or if new evidence or legal issues have emerged, you may be able to appeal. Appeals are not about disagreeing with the outcome - they are about proving that the original decision was legally flawed or unjust.

The appeal court will only intervene if the original decision was “plainly wrong” or if a new legal point arises that requires clarification by a higher court.

Grounds for Appeal

You may be able to appeal a financial order if:

• The judge made a legal error or misapplied the law
• There was procedural unfairness (e.g. lack of disclosure)
• A Barder event occurred (a significant change shortly after the order)
• There was fraud, misrepresentation, or non-dislosure
• A new point of law needs to be decided

Example:
In Barder v Barder [1987], the death of a spouse shortly after the financial order was made was deemed a Barder event, justifying an appeal.

The Appeal Process: Step-by-Step

1. Seek Permission to Appeal
   You must apply for permission within a strict time frame - usually 21 days from the date of the order. The court will consider (either on paper or with a hearing) whether your grounds for appeal are good enough to merit a full appeal hearing.

2. Appeal Hearing
   At this hearing, both sides will make submissions as to whether the initial judge made a wrong decision or not. The appeal court may:

   • Uphold the original decision
   • Vary the order
   • Set aside the order and remit the case for rehearing

3. Further Appeals
   In rare cases, appeals may reach the Court of Appeal or Supreme Court, especially if a new legal issue is involved.

Appeal court versus Supreme court

The Supreme Court is the highest level of court in the UK. The judges of the Supreme Court hear cases of the greatest legal complexity and make decisions which bind all other judges.

Generally, a case will only be heard by the Supreme Court if it raises a point of legal importance which has not been dealt with comprehensively before. As well, cases normally only go to the Supreme Court if it is a second appeal – i.e. you are appealing against decision already made on appeal.

If you appeal, the court where it is heard will be determined by the level of judge who decides your case initially. For decisions by district judges in local courts, it will be heard by a Circuit Judge in the same court. For judges above this, the appeal will be heard in the Court of Appeal in London.

Need Expert Help?

If you believe your financial settlement was unfair or legally flawed, our elite team of family law specialists can assess your case and guide you through the appeal process. We offer a free initial consultation to qualifying individuals.

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