• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051
You are here: Home / News & Views / A final financial order is final, right?

News & Views · November 19, 2020

A final financial order is final, right?

We had a case decided recently where a husband was applying to set aside to consent orders (agreed orders) made in 2010 and 2013. The reason, basically, was that two of the properties that the husband took as part of the settlement ended up being worth a lot less, could not be sold and one was repossessed. That, said the husband, is unfair because now he was left with a lot less than the wife. Yes, he accepted that he had traded and made the agreements giving the wife money so that he could keep the properties – and, as an aside, I do not think he would have done that unless he saw an advantage to himself and was willing to take the risk that property values can go down as well as up.

The judge (Mr Justice Mostyn) was impressed by the ingenuity of the argument by the husband’s solicitors but ultimately, the argument failed. It is a fairly technical run through of the powers of the court to vary an order for periodical payments (maintenance) or lumps sums payable by instalments.

He confirmed that the grounds for an order to be set aside remain as the ‘traditional grounds’ only:

  1. if there has been fraud or mistake
  2. if there has been material non-disclosure
  3. if there has been a new event since the making of the order which invalidates the basis, or fundamental assumption, upon which the order was made (must be within 12 months)
  4. if and insofar as the order contains undertakings
  5. if the terms of the order remain executory

The court rules do not, he said, give the court power to relook at a case because one party thinks it is now not fair.

The message I always give when a financial order is being signed is that it is final and you do not sign it unless you are absolutely sure that you want to be held to it. Think before you agree and sign, basically, of all of the things that could go wrong -property prices going up and down, investment prices going up and down. There is a reason why solicitors will advise against one party having all the risky assets and the other having the ‘copper bottomed’ assets.

If you need help with sorting out your financial matters, contact me.

CB v EB [2020] EWFC 72

Filed Under: News & Views Tagged With: consent order, financial matter, financial order, order, order is unfair, order is wrong

Previous Post: « Court should be the last resort
Next Post: Onwards with the digital march! »

Primary Sidebar

Recent Posts

  • Agreements in Financial Remedy Cases
  • Updated protocol for cross UK jurisdiction judicial communication
  • Covert recordings in family law matters
  • New protocol for adults lacking capacity across the UK
  • Leasehold Reform Act 2024 – Major changes ahead

Footer

Review Solicitor

Contact Us

  • 112 The Broadway, Thorpe Bay, Essex, SS1 3HH
  • 0800 083 6051
  • [email protected]

Connect with Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Privacy Policy | Copyright © 2021 Dovaston Law is the trading name of Dovaston Law Limited.
Dovaston Law Limited is authorised and regulated by the Solicitors Regulation Authority, registration number 816750 Company Number: 13221943 (Registered in England and Wales) | Registered Address: 457 Southchurch Road, Southend on Sea, SS1 2PH
Website Hosting : Lift Legal Marketing · Log in

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
SettingsAgree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051