Appealing an unfair divorce settlement

Permission to appeal

Before you can appeal a court order, you must seek the court’s permission to appeal, which will only be granted if:

1. The court considers the appeal to have a real prospect of success; or

2. There is some other compelling reason why the appeal should be allowed

There are certain limited exceptions where permission is not required (for example,if you wish to appeal a magistrate’s decision or a committal order).

Grounds for appeal

Under 30.12(3) of the Family Procedure Rules, the court will allow an appeal where the decision of the lower court was wrong or ‘unjust because of a serious procedural or other irregularity’. 

Further clarification was provided in GK v PR [2021] EWFC 106, which set out that a decision may be wrong or procedurally unjust where: 

1. An error of law has been made 

2. A conclusion on the facts has been made which was not available to the judge 

3. The judge failed to give due weight to a significant matter, or gave undue weight to a matter 

4. A process was adopted which was procedurally irregular and unfair to the extent that the decision is unjust 

5. A discretion has been exercised in a way which was outside the parameters within which reasonable disagreement is possible 

An appeal will be limited to a review of the original judge’s decision. However, the court may restrict this to a review specifically addressing the grounds of appeal in the appellant’s notice. Therefore, it is important to include all the aspects of the judgment which you believe provide sufficient grounds for appeal.

Time limits

There are also specific time limits in place to appeal an order. The judge may have specified a time limit in the order you are appealing, in which case, you must adhere to this deadline. Where the judge has not specified a time limit, notice will generally need to be submitted within 21 days of the decision/order. It is possible to appeal after this deadline - but you will need to apply for permission to appeal ‘out of time’ and explain the delay.

If you are unhappy with your financial settlement and would like to appeal, contact Vardags today for a free initial consultation with one of our expert divorce solicitors. 

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