Can I appeal a final financial order after my divorce?

Contested financial order: Can a divorce settlement be appealed?

Upon divorce, we almost always advise couples to obtain a final financial order. This is a legally binding agreement showing how the couple's finances should be settled. Where possible, it is preferable that this enables the couple to have a clean break, so that each spouse can move forward to live an independent life.

Importantly, once a final financial order has been approved by a judge within the divorce proceedings, it is very difficult to challenge or appeal that order. In fact, judges will only consider appeals in exceptional circumstances, such as when there is a very significant change in the couple's circumstances very soon after the financial order has been made.

What are the legal grounds for appealing a divorce settlement?

There are specific legal grounds that must be met before a divorce settlement can be appeal can be lodged with the courts:

• A material change in circumstance: if there has been a significant change in circumstances between ex-spouses that was not anticipated at the time of the settlement agreement, an appeal may be granted.
• Fraud, misrepresentation, or non-disclosure of relevant information: where one or both parties have failed to make a full and honest financial disclosure during the settlement negotiations, either by intentional fraud, misrepresentation or accidental non-disclosure.
• A failure to consider relevant factors: under the Matrimonial Causes Act 1973, the courts are required to take account of certain considerations, such as each party’s financial resources and their potential earning capacity. An appeal may be granted if these factors were not properly considered.
• A legal error or procedural irregularity: this is when the court failed to correctly apply the law; for instance, if evidence was misinterpreted or a judge’s decision exceeded their power or was not legally reasoned.
• New evidence: where new evidence comes to light that was not available during the original settlement negotiations, an appeal may be granted if it could have altered the outcome of the agreement.

How do I appeal against my divorce settlement?

There are specific rules and procedures that dictate how an appeal against a divorce settlement should be handled.

To begin an appeal, you will need to seek permission from the court that originally oversaw the agreement, or from the appeal court. A Notice of Appeal must then be submitted to a higher court than the court that originally made the order. This notice should clearly state the grounds of your appeal, specifying why you believe the agreement is unfair, and it should include any supporting evidence and a summary of the legal reasoning behind the appeal.

Typically, an appeal should be made within 21 days of the original settlement decision, unless the judge overseeing the initial decision sets a different time limit.

If permission to appeal the divorce settlement is granted, a full hearing will be set, at which the judge will assess the original decision to determine whether the settlement was unjust.

What are the possible outcomes of an appeal?

Once an appeal has been granted and a judge has reviewed the original decision against any new evidence, they may decide to take one of four different actions:

1. They may agree with the initial decision: in this case, the original divorce settlement will remain in force.
2. They could decide to set aside the order: this makes the divorce settlement void and no longer binding.
3. They may change part of the original order: usually where small changes to the agreement provides further clarity and fairness.
4. They could decide to send the case back to the lower court for reconsideration: this will mean negotiations will start over again with any new evidence included, creating a more fair and just agreement.

Are there any challenges associated with appealing a financial order?

If you are looking to make an appeal against a divorce settlement, you should be aware of the challenges that the process can pose. For instance, many appeals rest on your ability to prove that the judge who oversaw your settlement made a legal mistake. However, the legal principles involved can be very complex, and you’ll need a strong argument to convince the court that the original settlement was wrong.

Other challenges could include:

• proving there was a procedural error that meant your case was not presented correctly, such as evidence being excluded
• explaining the importance of new evidence and why it was not presented sooner
• proving the settlement was unfair as no reasonable judge would have made the same decision based on the evidence available
• providing solid proof of fraud or misrepresentation, and that it had a significant impact on the final settlement

Due to the number of challenges an appeal can pose, it is strongly recommended that you discuss your circumstances with a specialist divorce solicitor before you begin. Your solicitor will be able to provide personalised advice and discuss the possibility of making a success appeal.

Our industry-leading divorce solicitors have worked with hundreds of clients across the UK to negotiate final financial orders, including lodging successful appeals where decisions have been made unjustly.

To speak to our solicitors, call the team on 0330 041 5869 or get in touch online to request a call back.

An example of appealing a final financial order following divorce

Whilst sitting at the High Court, Mr Justice Holman was asked to consider an application by a husband to appeal a final financial order that had been made as part of his divorce proceedings. The final financial order was made to the effect that his wife would receive 70% of the money from the sale of the family home, as she was the main carer of the couple's children, with the husband receiving only 30%.

Approximately six weeks after the final financial order was made the wife was found to have committed a criminal offence. Worse still, the offence concerned an incident that occurred between the mother and the couple's then 13-year-old daughter. As a result of this incident, the children began living with their father rather than their mother.

Mr Justice Holman decided that, due to the change in the couple's circumstances, whereby the children were now living with their father as opposed to their mother - and within six weeks of the final Financial Order having been made - the husband was entitled to appeal against the final Financial Order. Mr Justice Holman further expressed the view that the husband's application to appeal had a realistic prospect of success.

Support appealing a divorce settlement from industry-leading family lawyers

Whilst final financial orders following divorce are usually binding, a precedent exists to allow a challenge or appeal if there are sound reasons for doing so. We offer a fixed fee initial 45-minute consultation for £150 to discuss any family issues you may have.

To hear more about seeking or appealing a final financial order following divorce, speak to a specialist lawyer by calling us now on 0330 041 5869 or contact us and we will call you.

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