Can a financial settlement be changed?

Financial remedy orders are intended to be final, and so it isn’t easy to change them – simply disagreeing with or disliking a judge’s decision will not be sufficient.

However, in certain circumstances, it may be possible to apply for the order to be appealed, varied, or set aside.

Appealing a financial settlement

There are limited grounds for appeal, and the court’s permission is typically required. This prevents the court from being clogged with unsuitable appeals from people who are simply unhappy with a judgment and appeals which have little to no chance of success. To appeal an order, you must submit a Form N161, or a Form FP161 for appeals to the Family Division of the High Court. These forms are called an ‘appellant’s notice’ or ‘notice of appeal’.

Applying to vary a Financial order

Section 31 of the Matrimonial Causes Act 1973 sets out those orders which can be varied (typically as a result of a change of circumstances), which include:

• An order for maintenance pending suit or interim maintenance
• Periodical payment order
• Lump sum payable by instalments order
• Pension sharing order or pension compensation sharing order (but only where it has not already taken effect)
• Orders for deferred lump sums in respect of pension rights and pension compensation rights
• Any order for the settlement or sale of property

Setting aside a financial order

There are specific and tightly defined circumstances where the court can set aside financial remedy orders, as set out in L v L [2008] 1 FLR 26. These ‘traditional grounds’ were more recently affirmed in CB v EB [2020] EWFC 72 and encompass fraud or mistake, material non-disclosure and Barder events, as well as the Thwaite jurisdiction, and where the order contains undertakings (essentially promises or commitments for a party to undertake or do something).

As per Practice Direction 9A of the Family Procedure Rules 2010, an application to set aside an order is to be made to the original court that made the order and dealt with by a judge of the same level as the judge who made the order.

As experienced family lawyers, the legal team at Vardags will help you prepare your case for appeal. We will review the initial judgment and advise you whether it is possible to appeal. The dynamic approach our lawyers take means that we are used to challenging judgments and working to change the law – we will help you put forward innovative arguments in support of your appeal. 

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

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