This Practice Note sets out the basis on which a financial order may be Set aside, including where there has been material Non-disclosure or an event shortly after the making of the order that fundamentally alters its basis (a ‘Barder event’). It also details the applicable provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and reflects the changes to FPR 2010 that came into effect on 3 October 2016.

For a considerable time there had been doubt and confusion as to the available routes of challenging a financial order (whether or not made by consent) where no error of the court is alleged. This was recognised by the Supreme Court in Gohil v Gohil, where it was observed that an appeal was inappropriate for an inquiry into disputed issues of non-disclosure in proceedings to set aside a financial order.

The procedural quagmire was finally resolved by the Family Procedure (Amendment No 2) Rules 2016, SI 2016/901 which inserted FPR 2010, SI 2010/2955, 9.9A