Can I Change A Financial Order After The Divorce? blog header

Can I Change A Financial Order After The Divorce?

If you are seeking help with financial matters, you should speak to our team for advice that is relevant to your case.

Divorce can be a complicated and stressful process, especially when it comes to the division of assets and financial arrangements. Even after the divorce has been finalised, circumstances can change, and you might wonder if it is possible to modify a financial order.

The short answer is yes, it is possible to change a financial order after the divorce. However, it is not always easy, and there are specific criteria that need to be met.

In this post, we’ll explore the circumstances in which a financial order can be changed, the process involved, and what to consider before making any changes.

What Is A Financial Order?

A financial order, also known as a “financial settlement” or a “consent order,” is a legal document that determines the division of a couple’s finances during a divorce.

This encompasses a wide range of financial issues, such as the allocation of assets like property, pensions, savings, and investments, as well as the payment of ongoing maintenance, lump sums, and child maintenance for the children of the marriage.

The agreement can be reached by both parties and then submitted to the court for approval, and once approved, it becomes legally binding and enforceable.

While obtaining a financial order may not always be mandatory during a divorce, it is highly recommended to provide certainty and finality in financial matters and prevent future disputes.

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When Can a Financial Order be Changed After Divorce?

A financial order can only be changed if there has been a significant change in circumstances. Some examples of significant changes include:

  • One of the parties has lost their job or experienced a significant drop in income
  • One of the parties has received a substantial inheritance or windfall
  • One of the parties has remarried or is cohabiting with a new partner
  • One of the parties has become seriously ill or disabled
  • One of the parties has failed to disclose all of their assets during the divorce proceedings

In order to successfully change a financial order, you will need to demonstrate to the court that there has been a significant change in circumstances that justifies a modification.

What is the Process for Changing a Financial Order?

Either party is able to appeal against a financial order if there is a firm belief that there has been an error made in your case or that circumstances have changed.

It’s advised to seek legal advice as soon as possible in the event of this. A family law solicitor will advise that you need to seek permission to appeal the order. This will only be granted if there is a likelihood of a successful appeal.

Upon a successful appeal, a financial order can be varied, affirmed or set aside completely. There can also be orders for further proceedings to reinvestigate elements of the order.

What Should You Consider Before Making Changes to a Financial Order?

Before making any changes to a financial order, it is essential to seek legal advice. A family law solicitor can advise you on whether a variation order is appropriate and help you navigate the legal process.

It is also important to consider the impact of any changes on both parties. Changing a financial order may have significant financial implications, and it is essential to ensure that the new arrangements are fair and reasonable.

If you are considering changing a financial order, our experienced family law solicitors can help. Contact us today to discuss your situation and explore your options.

This page should be considered information only and should not be used in the place of legal advice. To discuss your own case, speak to our team.

How can you get help?

Our team of highly experienced family solicitors operate mostly in Birmingham and the Midlands, offering their expertise on a wide range of services.

To get in touch with our family law solicitors Mark Buttery and Laura Lambert, you can visit our contact us page, or contact us directly via the below details.

Laura Lambert: 07726329370 | [email protected]

Mark Buttery: 07726157297 | [email protected]