Appealing a Divorce Financial Settlement ======================================== Can You Appeal a Divorce Financial Settlement? ---------------------------------------------- Yes - but only in exceptional circumstances. If you believe the court made a plainly wrong decision, or if new evidence or legal issues have emerged, you may be able to appeal. Appeals are not about disagreeing with the outcome - they are about proving that the original decision was legally flawed or unjust. The appeal court will only intervene if the original decision was "**plainly wrong**" or if a new legal point arises that requires clarification by a higher court. Grounds for Appeal ------------------ You may be able to appeal a financial order if: - The judge made a legal error or misapplied the law - There was procedural unfairness (e.g. lack of disclosure) - A [Barder event ](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/guide-to-barder-events)occurred (a significant change shortly after the order) - There was fraud, misrepresentation, or [non-dislosure](https://vardags.com/law-guide/financial-proceedings/appealing-an-order-non-disclosure) - A new point of law needs to be decided > **Example:** > In *Barder v Barder \[1987\]*, the death of a spouse shortly after the financial order was made was deemed a Barder event, justifying an appeal. The Appeal Process: Step-by-Step -------------------------------- 1. **Seek Permission to Appeal** You must apply for permission within a strict time frame - usually 21 days from the date of the order. The court will consider (either on paper or with a hearing) whether your grounds for appeal are good enough to merit a full appeal hearing. 2. **Appeal Hearing** At this hearing, both sides will make submissions as to whether the initial judge made a wrong decision or not. The appeal court may: - Uphold the original decision - Vary the order - Set aside the order and remit the case for rehearing 3. **Further Appeals** In rare cases, appeals may reach the Court of Appeal or Supreme Court, especially if a new legal issue is involved. Appeal court versus Supreme court --------------------------------- The Supreme Court is the highest level of court in the UK. The judges of the Supreme Court hear cases of the greatest legal complexity and make decisions which bind all other judges. Generally, a case will only be heard by the Supreme Court if it raises a point of legal importance which has not been dealt with comprehensively before. As well, cases normally only go to the Supreme Court if it is a second appeal - *i.e.* you are appealing against decision already made on appeal. If you appeal, the court where it is heard will be determined by the level of judge who decides your case initially. For decisions by district judges in local courts, it will be heard by a Circuit Judge in the same court. For judges above this, the appeal will be heard in the Court of Appeal in London. ### **Need Expert Help?** **If you believe your financial settlement was unfair or legally flawed, our elite team of family law specialists can assess your case and guide you through the appeal process. We offer a free initial consultation to qualifying individuals.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Reads ------------- ### Court of Appeal departs from equal sharing principle for successful business woman The Court of Appeal has taken the significant step in departing from the "sharing... [READ MORE](https://vardags.com/family-law/court-appeal-departs-equal-sharing-principle-business-woman "Court of Appeal departs from equal sharing principle for successful business woman") Related Guides -------------- [Applying to set aside a financial order](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/applying-to-set-aside-a-financial-order "Applying to set aside a financial order") [Can a Divorce Financial Settlement Be Changed?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/can-a-financial-settlement-be-changed "Can a Divorce Financial Settlement Be Changed?") [How to Appeal an Unfair Divorce Settlement](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/appealing-an-unfair-divorce-settlement "How to Appeal an Unfair Divorce Settlement") Glossary Reference ------------------ ### Appeal An application to a higher court to overturn the decision from the lower court. ### Circuit Judge The second lowest level of judge. These judges hear cases at local County Courts. ### Court of Appeal The second highest court in England and Wales. The court reviews decisions made by the lower courts. ### Supreme Court The highest court in the United Kingdom. The court hears cases on appeal from the Court of Appeal, and generally only hears cases which have important ramifications for the rest of the law. 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. What our clients say -------------------- Vardags is among the most effective, efficient, and successful group of solicitors I have encountered. They sit at the top table of skill and innovation in family law. They were remarkably caring and attentive to me during a... difficult period. When my position looked bleak, they protected me with a creative defense based upon legal precedent which I never imagined existed under English law. Thanks to their tireless efforts, I walk away from this episode free to move on with both my career and my life in peace. You may find good or even great lawyers, but based on my personal experience, they are the best. Cliff Krause They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini The Vardags Teams are incredible! Mariette Terrisse Hilborne Vardags provided excellent support to my case, which had a complicated international, cross-jurisdiction component. Within the team, Maria Fiorito was also excellent and very supportive, and was able to effectively liaise with... the Italian team of lawyers. I would recommend both Vardags and Maria Fiorito for your case. BR Brunello Rosa When choosing a Solicitor it was a very nervous and challenging time in my life however with Amie I hit the JACKPOT!! her work ethic and her keen eye for detail is second to none, the hours she must put in is unbelievable and her... knowledge about the law and how she really gets to know you and your case and what is needed is amazing. Matt Ballard I had the pleasure of working with Tatiana Amdur during a very challenging time in my life, and I cannot recommend her highly enough. From our first consultation, Tatiana displayed a remarkable blend of professionalism, empathy,... and expertise. She took the time to understand the intricacies of my case and provided clear, actionable advice that was always in my best interest. Alexandra Gutina OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)