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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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