Case Update: M v B [2025] EWFC 182What it means for clients with financial orders after divorce
A recent Family Court decision, M v B [2025] EWFC 182, may be of interest to anyone who has a financial order in place following divorce—especially if circumstances have changed since the order was made.
What happened?
In this case, the husband had agreed to pay the wife £5.5 million in instalments under a 2018 consent order. After his business collapsed, the parties renegotiated the terms in 2021, reducing the amount owed. But by 2024, the husband applied again to vary or cancel the order, saying his financial situation had worsened further due to a failed business deal.
The wife asked the court to strike out his application, arguing it was legally flawed and a waste of time. The judge disagreed, deciding the husband’s application should be heard properly—even if it might ultimately fail.
Why does this matter?
This case highlights a few important points for clients:
- Financial orders can sometimes be revisited if they haven’t been fully carried out (known as “executory orders”).
- Changed circumstances may justify a variation, but the court will look closely at the facts and evidence.
- Applications to strike out a claim are rarely successful in family cases, especially where the issues are complex or fact-specific.
What should you do if your situation changes?
If you’re struggling to meet the terms of a financial order—or if your former spouse is trying to change the agreement—it’s important to seek advice early. The court expects full disclosure and a clear explanation of what’s changed and why.
This case shows that even years after a divorce, financial arrangements can be challenged—but only with good reason and proper procedure. So, don’t agree to something if you think you might want to change your mind later; that is rarely possible.