Divorce - I'm already divorced but my spouse is still not satisfied

Where a spouse is dissatisfied with the outcome of a case, they can appeal. To do so, however, they must have viable grounds.

Judges in family law have a wide discretion to make findings of fact and rule on the distribution of assets between the parties. For a successful appeal, the court must be shown that the initial judge erred in their understanding or application of the law. It is not possible to have a re-run of the case simply because you do not like the outcome.

Since the Supreme Court decisions of Sharland v Sharland and Gohil v Gohil, the court has greater ability to re-open cases if there has been fraudulent non-disclosure. This has led to an increasing number of spouses trying to have their cases brought back to court.

Often, this can be unmerited, born out of their feeling they got a bad deal, rather than actual evidence of asset hiding. Even so, an appeal can be a costly and time consuming process with you having to go to court to fight the allegations.

Vardags are experienced with cases such as this, and will help you demonstrate that the original outcome was the right one. We will help you demonstrate that your previous disclosure was full and frank and that any omissions were honest mistakes and not attempts to deceive the court.

Unlike many other countries, England allows people to apply for financial remedies even if they are already divorced in another country. Often spouses will use this power, Part III of the Matrimonial and Family Proceedings Act, to try to re-open the case and get more money.

Part III applications are complicated, and they should not be seen as a simple chance to get a second go. It is only available where “no, or no adequate provision” has been made and is likely to be largely limited to what your spouse reasonably needs. That said, the court has a broad discretion in the award it makes.

When you divorce, any maintenance order will be based one what you are earning at the time. For whatever reason, you might not always be earning at that level.

Whether it is due to a downturn in your business, ill-health or retirement, you might find that the maintenance payments are taking a disproportionate amount of your income. If that is the case, you can ask the court for a downward variation of your maintenance.

If your ex has increased their own earnings or is cohabiting with a new partner, it may be possible to reduce the amount of maintenance you pay to them. Ongoing maintenance will always be informed by your partner’s needs. If those needs change, or they are able to meet them from other sources, then it may be possible to apply for a downward variation of the payments you make.

If you are ordered to make payments by the court, deliberate failure so to do will be considered contempt. Disobeying orders is taken very seriously by the courts and can result in fines and even imprisonment. If you are genuinely unable to make the payments required by the award, you will need legal advice to address this before arrears mount up.

If the order to which you are subject has been made very recently, it may be possible to appeal. If the judge has made a mistake about the law or facts in your case, then it may be possible to apply to the court to reassess what you are required to pay.