Does the financial fallout from Covid-19 on your assets and income qualify as a an ‘entirely unforseen’ Barder Event?
The case of Barder shows the rare circumstances in which a divorce award can be varied after it has been made. In the case of Barder, the wife received a settlement which provided for her and her two children
The Barder principle comes from the 1987 case of Barder v Barder, and allows a family law court to exercise its discretion to grant leave to appeal a Consent Order or a Final Order, out of time. For such an appeal to succeed, certain conditions must be satisfied
This is the second part in a four part review of the Divorce Process entitled The Acknowledgement of Service.
Challenging or Appealing Consent Orders We are regularly asked whether a Consent Order (which is a court order that couples voluntarily agreed to) can be challenged. Clearly it’s a contradiction in terms – because you want to appeal an agreement, which you yourself signed up to in the first place! However; there can be many […]