020 7404 9390
Available 24 hours
BOOK CONSULTATION WHATSAPP US MESSAGE US PHONE US

Barder v Barder

The case of Barder shows the rare circumstances in which a divorce award can be varied after it has been made. In the case of Barder, the wife received a settlement which provided 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 The husband was given permission to appeal out of time, and the award was largely rescinded.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) That the new events invalidated the basis or fundamental assumption upon which the order was made;

(ii) The new events had 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 should be made reasonably promptly;

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

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.

FIND A LAWYER

Ayesha Vardag

Founder & President Ayesha Vardag
“Ayesha Vardag - Britain's top divorce lawyer.” 
The Telegraph

Stephen Bence

Chief Executive Officer Stephen Bence
“Dr Stephen Bence is a financial genius.” 
Lewis Marks QC

Georgina Hamblin

Senior Director - Head of London Family Georgina Hamblin
“One of the best divorce lawyers in the country.” 
Marie Claire
Vardags climbs ranks of UK’s biggest law firms in The Lawyer’s UK 200 The Lawyer UK 200
This site uses cookies. Find out more. Continued use of this site is deemed as consent.   CLOSE ✖