Can a Divorce Financial Settlement Be Changed? ============================================== Can a Divorce Financial Settlement Be Changed? ---------------------------------------------- Yes - but only in exceptional circumstances. UK courts treat financial orders as final to ensure certainty and closureand so it isn't easy to change them - simply disagreeing with or disliking a judge's decision will not be sufficient. However, there are legal routes to appeal, vary, or set aside a financial settlement if fairness demands it. Grounds for Changing a Financial Order -------------------------------------- There are limited [grounds for appeal](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/appealing-an-unfair-divorce-settlement), and the court's permission is typically required. This prevents the court from being clogged with unsuitable appeals from people who are simply unhappy with a judgment and appeals which have little to no chance of success. You may be able to change a financial settlement if: - There was fraud or misrepresentation - One party failed to provide full [financial disclosure](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/finances) - A [Barder event](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/finances) occurred (a significant change shortly after the order) - There was a procedural error or legal mistake - A new point of law has emerged - There has been a material change in circumstances Appealing a Financial Settlement -------------------------------- To appeal an order, you must submit a Form N161, or a Form FP161 for appeals to the Family Division of the High Court. These forms are called an 'appellant's notice' or 'notice of appeal'. Section 31 of the Matrimonial Causes Act 1973 sets out those orders which can be varied (typically as a result of a change of circumstances), which include: - An order for maintenance [pending suit or interim maintenance](https://vardags.com/law-guide/financial-proceedings/maintenance-pending-suit) - Periodical payment order - Lump sum payable by instalments order - Pension sharing order or pension compensation sharing order (but only where it has not already taken effect) - Orders for deferred lump sums in respect of pension rights and pension compensation rights - Any order for the settlement or sale of property Read more on the appeal process by clicking [here](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/appeal-process). Setting Aside a Financial Order ------------------------------- There are specific and tightly defined circumstances where the court can set aside financial remedy orders, as set out in L v L \[2008\] 1 FLR 26. These 'traditional grounds' were more recently affirmed in [CB v EB \[2020\] EWFC 72](https://www.bailii.org/ew/cases/EWFC/HCJ/2020/72.html) and encompass [fraud](https://vardags.com/law-guide/nuptial-agreements/fraud) or mistake, material non-disclosure and [Barder events](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/guide-to-barder-events), as well as the [Thwaite jurisdiction](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/thwaite-jurisdiction), and where the order contains undertakings (essentially promises or commitments for a party to undertake or do something). As per Practice Direction 9A of the Family Procedure Rules 2010, an application to set aside an order is to be made to the original court that made the order and dealt with by a judge of the same level as the judge who made the order. ### **Need Expert Help?** As experienced family lawyers, the legal team at Vardags will help you prepare your case for appeal. We will review the initial judgment and advise you whether it is possible to appeal. The dynamic approach our lawyers take means that we are used to challenging judgments and working to change the law - we will help you put forward innovative arguments in support of your appeal. **If you believe your financial settlement was unfair or circumstances have changed, our expert solicitors can assess your case and guide you through the appeal or variation 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 Guides -------------- [Amending a financial order under the 'slip rule'](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/amending-a-financial-order-under-the-slip-rule "Amending a financial order under the 'slip rule'") [Appealing a Divorce Financial Settlement](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/appeal-process "Appealing a Divorce Financial Settlement") [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") [Barrell applications](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/barrell-applications "Barrell applications") [Changing a financial order due to a Barder event](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/changing-a-financial-order-due-to-a-barder-event "Changing a financial order due to a Barder event") [Financial Non-Disclosure in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/financial-non-disclosure-in-divorce "Financial Non-Disclosure in Divorce") [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") [Setting aside a consent order due to lack of capacity](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/setting-aside-a-consent-order-due-to-lack-of-capacity "Setting aside a consent order due to lack of capacity") [Setting aside a financial order due to duress or undue influence](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/setting-aside-a-financial-order-due-to-duress-or-undue-influence "Setting aside a financial order due to duress or undue influence") [Setting aside a financial order due to non-disclosure](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/setting-aside-a-financial-order-due-to-non-disclosure "Setting aside a financial order due to non-disclosure") [Setting aside a financial order on the basis of mistake](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/setting-aside-a-financial-order-on-the-basis-of-mistake "Setting aside a financial order on the basis of mistake") [Varying child maintenance](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/varying-child-maintenance "Varying child maintenance") [Varying spousal maintenance](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/varying-spousal-maintenance "Varying spousal maintenance") [My settlement was unfair, can I appeal?](https://vardags.com/faq/divorce/appeal-unfair-settlement "My settlement was unfair, can I appeal?") 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.