Q&As

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to purchase a property, what are the considerations for a potential application to set aside a financial consent order?

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Published on LexisPSL on 13/08/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to purchase a property, what are the considerations for a potential application to set aside a financial consent order?

A failure to disclose a material fact or document could justify setting aside a financial order, but whether or not the order will be set aside will depend on whether the information not disclosed would have made a fundamental difference to the order that was made. Non-disclosure that would not have impacted on the order will not be 'material' (Livesey (formerly Jenkins) v Jenkins).

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.9A provides for an application to set aside a financial remedy order. The FPR 2010, SI 2010/2955, Pt 28 rules relating to costs do not apply to an application under FPR 2010, SI 2010/2955, 9.9A and the ‘no order as to costs’ provisions ther

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