Q&As

The parties reached an agreement at a financial dispute resolution hearing and heads of terms of agreement were approved. One party then died before the financial consent order had been agreed and approved by the court. Can the surviving party unilaterally apply for the terms to be made into an order after the death of the other party?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 17/10/2019

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The parties reached an agreement at a financial dispute resolution hearing and heads of terms of agreement were approved. One party then died before the financial consent order had been agreed and approved by the court. Can the surviving party unilaterally apply for the terms to be made into an order after the death of the other party?

In Amey v Amey, an agreement had been reached between the parties that the husband would pay the wife a lump sum of £120,000 with there being a clean break otherwise. Before the agreement could be put in the form of a consent order, the wife died. The husband, rather than seeking to enforce the agreement, sought to have it set aside and for the lump sum to be repaid. The court refused the husband’s application. Scott Baker J concluded that the wife’s death did not undermine the fundamental assumptions on which the agreement had been based and therefore did not amount to a Barder event. See Barder v Barder (Caluori Intervening) and Practice Note: Setting aside financial orders including Barder events where no error of the court alleged, in particular ‘Setting aside fina

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