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08 March 2013 / Margaret Hatwood
Issue: 7551 / Categories: Features , Divorce , Family , Ancillary relief
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Setting aside (Pt II)

Margaret Hatwood continues her examination of the increasing trend of parties asking for consent orders to be set aside

In Pt I of this two-part series, I looked at recent developments in the area of setting aside financial consent orders dealing with non-disclosure and fraud (see “Setting aside”, NLJ, 1 March 2013, p 229).

Part II covers situations involving new or supervening circumstances dealing with changes in asset values, death and remarriage.

Back to basics

Orders can, of course, be set aside where the whole factual basis on which the order was made has disappeared. In Barder v Caluori [1988] AC 20, [1987] 2 All ER 440 a consent order was made under which H was ordered to transfer his interest in the family matrimonial home to the wife. One of the primary reasons for this order was the wife had care of the children. Tragically, the wife killed the children and herself. On appeal to the House of Lords, the issue was whether leave to appeal

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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