What You Can—and Can’t—Claim
A recent High Court decision in CC v UU [2025] EWFC 214 has clarified an important point for anyone considering further litigation after a financial remedy order is made: once a clean break is in place, you may not be able to claim legal costs from your former spouse—even if you’re seeking to appeal or set aside the original order.
What Happened?
In this case, the wife applied for a Legal Services Payment Order (LSPO) to fund two separate legal actions:
- An appeal to the Court of Appeal against the discharge of a freezing injunction
- A fresh application to set aside the final financial remedy order made in December 2023
She argued that she needed £50,000 to pursue these proceedings and that her former husband should contribute.
The Court’s Decision
Mr Justice Peel dismissed both LSPO applications, making several key findings:
- Clean break means no further claims: Once a clean break order is made and takes effect, the court cannot grant a LSPO under section 22ZA of the Matrimonial Causes Act 1973. The wife’s financial claims had been dismissed, so she was no longer entitled to seek legal funding from her ex-husband.
- Appeals and set-aside applications are not “financial relief”: The court held that appeals and set-aside applications are not part of the original financial remedy proceedings. They are separate legal actions and do not fall within the scope of section 22ZA.
- Jurisdiction matters: The wife had incorrectly filed her set-aside application in the Court of Appeal. The judge clarified that such applications must be made to the court that issued the original order—in this case, the Newport Family Court.
- Repeat applications may be struck out: The wife had already made a previous set-aside application, which was refused. The judge warned that repeating the same arguments could be considered an abuse of process.
What Clients Should Know
This case offers several practical lessons:
- Timing is critical: Once a clean break is in place, your ability to seek further financial relief—including legal costs—may be extinguished.
- Know your jurisdiction: Applications to set aside or vary orders must be made to the correct court. Filing in the wrong venue can cause delays and confusion.
- Don’t repeat failed applications: If your set-aside or appeal has already been refused, you’ll need compelling new evidence to try again.
- Legal funding is limited post-divorce: LSPOs are designed to support parties during live proceedings—not after final orders have been made and implemented.
Need Advice?
If you’re considering an appeal, set-aside application, or enforcement action after a financial remedy order, it’s essential to understand your rights and limitations. Our team can help you assess your options and avoid costly procedural missteps.
Contact us today for expert guidance on post-divorce litigation and financial planning.