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
An Occupation Order is an Order of the court stating who can and who cannot occupy premises.
It is usually brought alongside an application for a Non-Molestation Injunction and it excludes a spouse from entering or cohabiting in the family home.
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 […]