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Setting aside financial orders

A financial order is made by a court when both parties separating for example, through divorce, agree to the order or alternatively, if both parties cannot agree, the court decides what the financial order should entail. If either party doesn’t comply with the financial order then it can be enforced by the court. The order can be appealed if there appears to have been an error in fact or law.

In some very limited instances it may be possible to set aside the financial order. This means that the order can effectively be re-opened and new decisions on the order can be made. This is very rare and is therefore a specialist area of law. There has to have been fraud, mistake, material non-disclosure, supervening events which invalidate the order or undue influence.

If the events in question arose at or before the order was made then it is best to set aside rather than to appeal.

Austin Kemp’s team of expert solicitors are experienced in dealing with this relatively rare and very complex legal issue. We specialise in advising high net worth individuals or ex-partners of high net worth individuals who have complex property and assets both in England and Wales and internationally.

We are able to advise you whether you may be able to set an order aside even if the assets or investments in question are abroad.

If you think your partner has committed fraud by failing to disclose something when you were discussing your financial order then it is imperative that you obtain specialist legal advice as soon as possible. Alternatively if you suspect your partner failed to give a full financial disclosure that could have changed the outcome of your financial order (e.g. hidden a job with a pay rise), then Austin Kemp’s team of solicitors are here to advise you on your case.

Alternatively, if you need to defend your partner’s application to have your financial order set aside then we can advise you on the merits of their case and how you should proceed in defending the order. Setting aside financial orders is a very rare and specialised area of law and you should make sure that you have the best possible legal advice, whether you are the applicant or the defendant, from solicitors such as Austin Kemp.

If you think you could set aside your financial order it is very important that you obtain independent legal advice as soon as possible. In some cases you may only have a few months to set aside an order. This means that as soon as your suspicions arise or you become aware of what has happened you must come to us straight away in order for us to advise you of your case and potentially apply to the court as soon as possible. There have been cases where the criteria to set aside the order have been proved but the applicant has left it too late so the order was never set aside.

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