Thursday, 15 September 2016

REMEDYING A FINANCIAL REMEDY

Whether or not you consented to it, you may feel aggrieved by what was in the financial remedies order made by the court following the breakdown of your marriage or civil partnership.  If you are aggrieved because you were the victim of fraud or a failure by the other side to make a full disclosure of their circumstances or there was a mistake, you could ask the court which made the order to quash it and rehear the case. Breaking Law explains all this (at pages 497/8). 

New court rules are coming into force on 3 October 2016 and confirm the challenge route to be followed as Breaking Law suggests and sets out the procedure. You won't have to follow the appeal route for which permission is required. You will be able to apply to the court which made the order to quash it and to rehear and the usual rule that each side pays their own costs in financial remedy cases will not apply. The court could order the other side to pay your costs if you succeed in getting the order quashed.