Q&As

Where a party has not complied with the terms of a financial order, and intends to make an application to set aside that order on the basis of an inheritance received by the other party, will the set-aside application and any enforcement as to the non-compliance be dealt with at the same time or will the party who seeks to enforce the order need to make a separate application for enforcement?

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Published on LexisPSL on 17/06/2019

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

  • Where a party has not complied with the terms of a financial order, and intends to make an application to set aside that order on the basis of an inheritance received by the other party, will the set-aside application and any enforcement as to the non-compliance be dealt with at the same time or will the party who seeks to enforce the order need to make a separate application for enforcement?

A financial order may be set aside on the basis of fraud, mistake, material non-disclosure, or a significant change of circumstance (often referred to as a ‘Barder event’ per Barder v Barder (Caluori Intervening)). An application to set aside is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.9A, which provides that an application must be made in accordance with FPR 2010, SI 2010/2955, Pt 18 procedure, therefore, with an application notice and a draft of the order being applied for. If the original financial remedy order pre-dates 22 April 2014, then the application should be made to the Family Court. If the order post-dates 22 April 2014, then the application should be made to the

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