Need Help Challenging a Financial Order?
Not every financial order can be challenged — but several legal routes may apply. Divorce Navigator reviews your circumstances and explains the merits, risks and costs of set-aside, appeal, Barder, Thwaite and variation applications before you decide to proceed.
Time limits are strict
Most challenge routes require you to act promptly — appeals usually within 21 days, Barder applications without delay. The sooner you seek guidance, the more options remain open to you.
The Legal Routes to Challenge a Financial Order
Application to Set Aside (FPR r.27.5)
If you weren't at the hearing where the order was made, you may apply to set it aside where you had a good reason for not attending and a reasonable prospect of success at a rehearing. You must act promptly.
Appeal (FPR Part 30)
If the court's decision was wrong or unjust due to a serious procedural irregularity (FPR r.30.12(3)), you may appeal to a higher judge. You usually have just 21 days to appeal — do not delay.
Barder Application (FPR r.9.9A)
If a new, unforeseeable event invalidates the basis of the order shortly after it was made, you may apply to set it aside. You must act promptly and before the order has been fully carried out.
Thwaite Application (FPR r.9.9A)
Where there has been a sufficient relevant change in circumstances, the court may adjust or set aside parts of an order where it would be inequitable not to do so.
Vitiating Factor: Fraud, Mistake or Non-Disclosure
An order may be set aside where it was obtained through fraud, material mistake, or non-disclosure. Other recognised grounds include duress, undue influence and lack of capacity.
Variation of Maintenance (s.31 MCA 1973)
Certain orders — typically ongoing maintenance — can be varied by the court, considering all the circumstances and any changes since the original order was made.
How Divorce Navigator Can Help
Challenging a financial order is rarely straightforward. The court expects you to identify the correct route, follow the right procedure, and act within strict time limits. Getting it wrong can mean losing the opportunity altogether — and in some cases facing a costs order.
Divorce Navigator offers a calm, practical review of your circumstances, explains which route is most likely to apply, and helps you understand the realistic prospects of success — so you can make an informed decision about whether to proceed, without the cost of instructing a solicitor upfront.
- Review of your order and the circumstances surrounding it
- Clear explanation of the available routes and their requirements
- Honest assessment of the merits, risks and likely costs
- Help preparing your application and supporting documents
- Support through the hearing where needed
Common Questions
This page provides general legal information only and is not a substitute for legal advice. Always consult a qualified solicitor before taking action. Divorce Navigator is a McKenzie Friend service and does not provide legal advice or representation. For help preparing the paperwork behind a challenge, see our companion site's help with family court forms.