Change a court order for finances

Changing a court order for finances

Changing a court order for finances

Whilst it is possible to vary a court order it is not always easy to do so. Generally, a final order from the court is considered final however, the courts do understand that situations change and what had originally been ordered may no longer be appropriate.

Applications to vary an order are most commonly for spousal maintenance but there are other aspects that can be varied in certain situations e.g. lump sum orders that can be amended, needing more time to pay, getting a property sold or transferred.

You may be able to challenge a financial order if:

  • Your ex did not fully disclose all financial assets
  • There was an error e.g. the valuation of an asset was miscalculated, either by mistake or fraudulently
  • You signed the order under duress, emotional distress or you lacked mental capacity e.g. suffering from a mental illness
  • Something happened soon after the consent order is sealed which would change the terms of your agreement.

In deciding whether to make any changes, the needs of the other party and any dependent children will be an important consideration. Our lawyers can review your unique situation and provide you with advice on what is possible.