How to Appeal an Unfair Divorce Settlement

How to Appeal an Unfair Divorce Settlement

If you believe your divorce settlement (the financial order made on divorce) was unfair, you may be able to appeal it, but the process is complex and time-sensitive. Courts aim for finality in financial orders, so appeals are only allowed in specific circumstances. You must have a legitimate reason to appeal, beyond simply feeling unhappy with the outcome. Here’s what you need to know.

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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Can You Appeal a Divorce Settlement?

Yes, but only if you meet strict legal criteria. You must first apply for permission to appeal, which is only 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 heard.

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).

If your appeal succeeds, it may lead to a change in how the assets were divided or in the amount of spousal maintenance awarded.

Why are financial orders difficult to appeal?

When a couple divorces, it is important that they obtain a financial remedy order setting out how their finances will be settled. Without one, either party may be able to bring a financial claim against the other in the future, even long after the divorce.

A financial remedy order closes off these claims and is intended to be final. Where possible, the court will aim to provide a ‘clean break’ so that both parties can move on and live independently of each other. This is why the courts set a high bar for reopening a settlement on appeal.

What are the grounds for appealing a divorce settlement?

To appeal a financial order, you need to show that the judge was wrong in the way the decision was reached. Under rule 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 reached 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 is limited to a review of the original judge’s decision, and the court may restrict this to the specific grounds set out in the appellant’s notice. It is therefore important to include every aspect of the judgment that you believe gives grounds for appeal.

How long do you have to appeal a divorce settlement?

Generally, you have 21 days from the date of the decision to appeal a divorce settlement, unless the judge set a different deadline. These time limits are strict, so it is vital to act quickly.

The judge may have set a time limit in the order you are appealing, in which case you must meet that deadline. Where the judge has not set a time limit, the 21-day deadline will usually apply to filing your notice of appeal.

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. The sooner you get advice, the better your chances of meeting the deadline.

Other ways to challenge a financial order

An appeal is not the only route. If something unforeseen happened soon after the order was made that undermines the basis on which it was decided (known as a Barder event), or if your ex-spouse failed to disclose assets, you may instead be able to apply to set aside the financial order.

How Vardags can help with your appeal

As experienced family lawyers, the Vardags team will review the original judgment and advise you on whether you have grounds to appeal. Our lawyers are used to challenging judgments and working to change the law, and we will help you put forward strong, innovative arguments in support of your appeal.

Throughout your appeal, we will work with leading family law barristers to present your case and help you get your fair share.

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