Setting aside a financial order due to duress or undue influence

Though rare, an order may be set aside where one party was subject to duress or undue influence from the other party.  

This is most relevant in the context of a party seeking to set aside a consent order, given that they are agreed upon by the parties and then approved by the court. However, whether a consent order can be set aside on this basis has not been fully addressed by the courts.

In L v L [2006] EWHC 956, the court held that if a consent order can be set aside due to duress or undue influence, ‘unfair pressure’ will not be sufficient. Due to the need for finality and certainty, there would have tobe a sufficiently high threshold to set aside a consent order on this basis. Therefore, any pressure would have to amount to ‘undue influence’. The law in this area was briefly examined more recently in W v H [2019] EWFC B19. For the purpose of the application, the court assumed that undue influence is a ground to set aside a consent order, but closer inspection into this matter was not undertaken as there was found to be no undue influence in that case.

If you were subject to duress or undue influence and believe your financial order should be set aside, contact Vardags today for a free initial consultation with one of our expert divorce solicitors. 

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