Barder v Barder

The case of Barder shows the rare circumstances in which a financial award upon divorce can be varied after it has been made. Following the case, such events which justify a variation of a financial award are called ‘Barder’ events.

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In Barder v Barder, the wife had recieved a financial settlement providing for her and her two children. Sadly, a few weeks after the award was made, the wife killed herself and the two children. The husband was given permission to appeal out of time, and the award was largely rescinded.

The case held that an award can be appealed after the expiration of the deadline for appeal in circumstances where:

(i) New events invalidated the basis or fundamental assumption upon which the order was made;

(ii) New events occurred within a relatively short time of the order: whilst no precise limit was set down, it was ’extremely unlikely’ that it could be as much as a year and in most cases will be ’no more than a few months’;

(iii) The application for leave to appeal out of time is made reasonably promptly;

(iv) The grant of leave to appeal would not prejudice third parties who have acquired interests in property in good faith for valuable consideration;