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 The husband was given permission to appeal out of time, and the award was largely rescinded.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;
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