Risk v reward: Applying to 'set aside' final orders in divorce

Applications to set aside final orders are complex

clock • 5 min read

Lawyer Claire Andrews looks at the rare circumstances where a divorce settlement could be renegotiated...

Final orders upon divorce are designed to be just that but, like most things, there are exceptions to the rule. Whilst many divorcing clients may not be entirely happy with the original order, that in itself is not a good enough reason to bring a challenge. However, in certain and specific circumstances, clients can apply to have all or part of the order set aside, and a new one drawn up. Applications must satisfy at least one of six strict criteria, and, unlike other family court proceedings, the unsuccessful party will be liable for both sides' legal costs. This high bar is why ...

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