Once a financial order is finalised, it’s meant to settle money matters between ex-spouses for good. However, there are times when circumstances change or issues with the original order come to light, making it necessary to consider an appeal.
While doing so in the UK is possible, it’s not easy. The courts generally prefer to keep these orders unchanged to ensure stability and finality. However, appeals can be made under certain conditions. For example, if one party didn’t disclose important information, there was fraud, or undue pressure was applied when the order was made.
Another reason might be a significant event, known as a Barder event, which drastically changed the situation soon after the order was issued.
In this article, we’ll explore the grounds for appealing a financial order, the steps involved, and practical advice for anyone considering this legal path.
Table of Contents
- What is a final financial order?
- What are the legal grounds for appealing a final financial order?
- How do you appeal a final financial order?
- Common challenges of appealing a final financial order
- How soon must I file an appeal after a final financial order?
- What are the risks of appealing a final financial order?
- Get help with financial orders from Lawhive
What is a final financial order?
A final financial order is a legally binding decision made by the court during divorce proceedings to decide how financial assets and liabilities will be divided between the divorcing parties.
There are several types of financial orders that the court can issue, including:
Property adjustment orders
Lump sum orders
Periodical payments orders
Pension sharing orders
You can apply for a financial order at any stage during the divorce process, but it is typically done after the conditional order (previously known as the decree nisi) has been granted and before the final order (previously known as decreet absolute) is issued.
Final financial orders are meant to provide a fair, definitive resolution to financial matters in a divorce. However, while they are intended to be conclusive, there are circumstances under which they can be revisited or altered, such as through an appeal.
What are the legal grounds for appealing a final financial order?
The courts set a high bar for final financial order appeals to ensure stability and finality in financial arrangements. Here are the primary grounds on which you can base an appeal:
Non-disclosure of relevant information
If one party did not fully disclose their financial situation during proceedings, you may have grounds for appeal as hiding assets or income during a divorce can lead to an unjust order.
Fraud or misrepresentation
If it is discovered that the other party engaged in fraud or misrepresentation during the financial settlement process, this can be a solid ground for an appeal. This could include providing false information or documents to the court.
Undue influence
If one party was coerced or unfairly pressured into agreeing to the financial order, this can also be grounds for appeal. The agreement must be made voluntarily and without any form of duress.
Barder events
Named after the case of Barder v Barder (1987), a Barder event refers to a significant change in circumstance that happens shortly after the financial order is made, fundamentally undermining the basis of that order. An example could be a sudden death or significant financial loss that changes the entire premise on which the order was based.
Serious procedural irregularity
If there was a significant procedural error during the initial proceedings, like incorrect application of the law or failure to follow legal processes, this could also justify an appeal. This might include mistakes made by the judge or legal representative that impacted the fairness of the decision.
If you believe a final financial order made during your divorce is unjust or incorrect, you might be able to appeal it based on the above grounds.
How do you appeal a final financial order?
To start the appeal process, file an appeal notice with the appropriate court. The appeal notice should clearly state your grounds for appeal and include any necessary documentation, including:
A copy of the original court order
A detailed statement of the grounds for your appeal
Any relevant evidence or documents that support your case
A concise summary of the legal points you are relying on.
When you submit your Notice of Appeal, you must specifically request permission to appeal. A judge will review your request for permission to appeal and assess whether it has a real prospect of success or if there is another compelling reason for it to be heard.
If permission is granted, you will proceed to the full appeal hearing, which usually involves a review of the original decision rather than a full re-hearing of the case. The judge will assess whether the original decision was wrong or unjust due to a serious procedural error or other significant issues.
At the appeal hearing, the court can:
Agree with the initial decision
Set aside the order
Change parts of the original order
Send the case back to the lower court for reconsideration.
Given the complexity of appealing a financial order, it’s important to seek expert legal advice. A divorce lawyer can help you prepare your case and represent your interests effectively.
To find out more, contact us for a free case evaluation and quote for the support of a specialist lawyer.
Common challenges of appealing a final financial order
Appealing a final financial order can be difficult for several reasons. Here are some common challenges you might face:
Proving legal errors
You need to show that the judge made a legal mistake. This means proving that the law was not applied correctly in your case. But legal principles can be complex and it requires strong legal arguments to convince the appeal court that the original decision was wrong.
Identifying procedural errors
Significant procedural errors during the initial hearing could include not being allowed to present your case fully, important evidence being excluded, or other serious mistakes.
Courts generally assume that judges follow proper procedures, so you must provide clear evidence of any significant procedural errors during the initial hearing.
Introducing new evidence
The appeal court usually doesn’t allow new evidence unless it was unavailable during the original proceedings and could significantly change the outcome.
To do so, you need to show that the new evidence is important and explain why it wasn’t presented earlier.
Proving unfairness
If you believe the financial order is unfair, you need to show that no reasonable judge would have made such a decision based on the evidence.
This is a very high standard to meet and requires a detailed analysis of the judge’s reasoning.
Demonstrating fraud or misrepresentation
If your appeal is based on fraud or misrepresentation, you need solid evidence to support your claims.
This can be difficult, especially if the misrepresentation is subtle or well-hidden. You must prove that the deceit significantly affected the financial order.
Cost implications
Appealing a financial order can be expensive.
If your appeal fails, you might have to pay the other party’s legal costs. So, it’s important to consider the likelihood of success and consult with a divorce lawyer to weigh the potential costs and benefits.
How soon must I file an appeal after a final financial order?
You have 21 days from the date the order was made to file your appeal. If you miss the 21-day deadline, you may apply to the court for an extension.
However, you must provide a strong reason for the delay, and the court has the discretion to reject your request based on the justification provided.
After filing your appeal, you must serve copies of all documents to the respondent. Usually, within 7 days of filing your appeal.
What are the risks of appealing a final financial order?
As we’ve noted, appealing a financial order can be expensive. You will incur legal fees for your solicitor and potentially for court costs. What’s more, if your appeal is unsuccessful, you might also be ordered to pay the other party’s legal costs.
Further, courts are generally reluctant to overturn final financial orders, and appeals are only granted if there is a strong legal basis. This high threshold means that successful appeals are relatively rare while revisiting your divorce can be stressful and impact your well-being.
Even if your appeal is heard, the court may not necessarily decide in your favour. The appeal court can choose to uphold the original order, modify it slightly, or, in some cases, send it back to the lower court for consideration. This means there is no guarantee of a better outcome, and you might end up in a similar or worse position than before.
Given these risks, it’s important to carefully consider whether appealing a final financial order is the best course of action for you, particularly if you have children and need to maintain a working relationship with your ex for co-parenting.
Get help with financial orders from Lawhive
While courts generally prefer to maintain the finality of financial orders, if you believe there are solid grounds for your appeal you should act quickly and seek expert legal advice.
At Lawhive, we understand the intricacies of family law and are dedicated to helping you through the process. Our network of specialist divorce lawyers is on hand to provide support and advice in appealing financial orders.
Contact us today for a free case evaluation to assess your situation and provide the guidance you need.