Can your client cancel their divorce settlement because of the pandemic? Writing in NLJ this week, Jenny Duggan, senior associate, Stewarts, addresses this intriguing question in the context of a recent family court case.
In the case, FRB v DCA, the court held the pandemic was not an unforeseeable event which entitled the husband to set aside the financial remedy order made on his divorce. But, if the situation were different, could it be?
In this fascinating article, Duggan studies the case and explores the potential. Could the pandemic, for example, amount to a Barder event? If you and your client believe this is so then act quickly, she advises. If not, there are alternative options.
‘Indeed,’ she writes, ‘this may be the last pandemic that has the chance of being a Barder event, as it will be less arguable to claim that pandemics are unforeseen or unforeseeable in the future’.
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