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Setting aside a financial order on the basis of mistake

Where the court, through no fault or intentional non-disclosure of the parties, did not have the full facts before it when making the order, the court may set it aside on the basis of mistake. However, an applicant must show that had the full/true facts been known, the court would have made a substantially different order. They must also demonstrate that it was not their fault that the court was not presented with the full facts, and that they could not have reasonably established them. For an order to be set aside on this basis is exceedingly rare, though possible. 

If additional information has come to light following your divorce and you believe your final order should be set aside, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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