Applying to set aside a financial order

Generally, an application to set aside a financial order should only be made in circumstances where an error of the court is not alleged. Where an error of the court is alleged, parties should usually apply for permission to appeal instead.  

Moreover, it may be more appropriate to appeal an order rather than apply for it to be set aside if: 

• The applicant alleges both that the court made a mistake and that a ground for setting aside exists; or 

• The order involves a pension sharing order and the court may be asked to consider making orders under section 40A(5) or 40B(2)(b) of the Matrimonial Causes Act 1973 (namely, where the pension sharing order or pension compensation sharing order has already taken effect).

In determining whether there are grounds for a financial order to be set aside, judges have discretion, but the typical and accepted grounds to set aside an order (set out at paragraph 13.5 of Practice Direction 9A of the FPR) include: 

• Non-disclosure 

• Mistake 

• Barder events 

Notably, receiving poor legal advice does not constitute a ground to set aside an order.

If you are unhappy with your financial settlement and believe it should be varied or set aside, contact Vardags today for a free initial consultation with one of our expert divorce solicitors. 

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