Can I Change A Financial Order After Divorce?

Updated on 28 Jul 2017

On divorce, it is usual for spouses (or civil partners) to either agree a Consent Order, resolving the financial aspects of their separation, or otherwise apply to the Court to make an Order.

In certain circumstances, it is possible to apply to the Court at a later stage to change the terms of that Order. Those situations are as follows:

  1. If it is agreed between you;
  2. By applying for a variation (of maintenance Orders or staged lump sum payments);
  3. By appealing against the decision. The grounds for appealing a decision of the Court are very limited, as are the timeframes for doing so. You will require specialist legal advice if you wish to appeal an Order;
  4. Applying to set aside the Order on one of the following grounds:-

i.Dishonesty or material non-disclosure;

ii.A significant change in circumstances.

The Law in this area is complex and has been the subject of much discussion in the senior Courts. If you are concerned that any of the above circumstances apply to you, please contact our highly specialist Family Team who will be able to assist. Call our expert team on 01202 525333 or send us an email enquiry (family@ellisjones.co.uk).

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