A divorce financial settlement can be reopened, but it is extremely rare. Once a financial settlement has been officially recorded in the form of a Consent Order, any financial ties between a couple are severed and neither party is entitled to make a claim against finances in the future.
However, there are exceptions. The case of Barder vs Barder in 1987 set a new precedent for divorce financial settlements. This particular case allowed Courts to reopen a financial settlement if something later happens that changes the principle on which an initial Consent Order was granted.
For example, if your former partner failed to provide a full and frank disclosure about their wealth and income during divorce proceedings or there has been a change in your former partner’s circumstances – such as a significant inheritance – since an initial settlement was reached.
If you feel that you should have received more from your divorce, it may be possible to appeal your case. If your appeal is successful, you could receive a higher award or increased maintenance.
When would a Court agree to reopen a divorce financial settlement?
A Court would only agree to reopen a divorce financial settlement if four key factors are satisfied:
- A new event(s) occurs that undermines the basis, or fundamental assumption, on which an original Consent Order was issued.
- The new event(s) took place within a relatively short time after the Consent Order was made.
- A request to reopen a divorce financial settlement is made shortly after the new event(s) occurs.
- The appeal does not prejudice any rights to assets acquired by third parties – for instance, if a house has been sold to an unconnected third party.
To appeal against an Order, the onus is on you to demonstrate to a judge what was wrong with the initial divorce financial settlement. It is likely that you will need a specialist family lawyer to help you appeal a divorce financial settlement.
How Holland Family Law can help
As experienced family lawyers, Holland Family Law can help you prepare your case for appealing a divorce financial settlement. We will review the initial judgement and advise you on whether it is possible for you to appeal.
If there is a case for appealing, we can help to prepare innovative arguments to support your appeal. We can assign a family law barrister to your case who can present your argument in Court with the aim of securing what you believe to be your fair share.
If you do want to appeal, you will need to act quickly. It’s likely that you will have to submit your appeal within a few weeks of the original decision.
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