Variation of Financial Orders
There is an ongoing duty imposed on every party to “financial remedy” litigation (i.e. those proceedings which are commenced with the intention of determining the division of matrimonial assets on divorce) that they act openly and transparently in relation to their financial worth.
There have now been landmark rulings in the cases of Sharland and Gohil which enable a party to apply to the Court for reconsideration of the terms of financial settlement where new information arises that was not disclosed at the time the parties reached agreement. If it is found that any such new information could have justified an altogether different split of the assets/finances, the wronged party will have the right to ask the Court to reconsider what their entitlement should have been.
In the event that you have concerns over the basis for financial settlement emanating from divorce, please contact us today. Whilst recent case law dictates that there are, strictly speaking, no deadlines for applying to vary an Order, these timescales relate primarily to one’s ability to reopen once further information comes to light that may impact on the fairness of the settlement rather than the passage of time since that information first became known.
The time to act is now
It is important for any claim that steps are taken at the earliest opportunity once any new information arises, otherwise this could potentially be prejudicial to the merits of any application.
Alternatively, it may be that since financial settlement occurred, your circumstances have materially and unforeseeably changed, in which case you may be entitled to additional provision from your ex-spouse.
Fixed Fee First Meeting
We offer a fixed fee half an hour appointment for clients at our offices during the course of which we provide advice on merits, courses of action available, procedures, time frames and costs and will also endeavour to answer any specific queries you may have. We will follow up that initial meeting with a letter/email to you summarising the topics discussed and information on the most appropriate ways to take your matter(s) forward. The fixed fee cost for this service is £200.00 plus VAT.
If you would like to discuss any family law matter with one of our solicitors, please contact us so we may fully understand your requirements. Contact us by phone on 020 7723 3040 or by email at firstname.lastname@example.org.