Setting aside a financial order due to duress or undue influence ================================================================ Though rare, an order may be set aside where one party was subject to duress or undue influence from the other party. This is most relevant in the context of a party seeking to set aside a consent order, given that they are agreed upon by the parties and then approved by the court. However, whether a consent order can be set aside on this basis has not been fully addressed by the courts. In [*L v L* \[2006\] EWHC 956](https://www.bailii.org/ew/cases/EWHC/Fam/2006/956.html), the court held that if a consent order can be set aside due to duress or undue influence, 'unfair pressure' will not be sufficient. Due to the need for finality and certainty, there would have tobe a sufficiently high threshold to set aside a consent order on this basis. Therefore, any pressure would have to amount to 'undue influence'. The law in this area was briefly examined more recently in [*W v H* \[2019\] EWFC B19](https://www.bailii.org/ew/cases/EWFC/OJ/2019/B19.html). For the purpose of the application, the court assumed that undue influence is a ground to set aside a consent order, but closer inspection into this matter was not undertaken as there was found to be no undue influence in that case. **If you were subject to duress or undue influence and believe your financial order should be set aside, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.** [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 -------------- [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") [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?") [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 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") [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. 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