Matrimonial financial relief
If you find yourself in a situation (albeit usually rare), where your spouse’s financial circumstances have materially changed for the better or you have found out they have not disclosed certain assets whilst reaching an agreement about splitting the matrimonial assets between you, meaning that you have potentially received fewer assets from the agreement than you might have done, had your spouse not hidden this information from you, then there are remedies for you.
Court approach
Courts don’t generally like doing this because they like to assure you of certainty, but if matters have materially changed since the financial order was made, they may consider this form of remedy.
Where’s the evidence?
Generally, an order will stand, unless major events prevent it from working.
You subsequently find out that your former spouse has a substantial asset that he failed to disclose when he presented his original financial information to you. You can prove it.
Unless they can show that ownership of the property not disclosed would have made no difference to the outcome of the original order, you can ask that the order be set aside (cancelled), to allow for consideration of additional provision to you, or a completely different order.
Every time, Court decisions go to ‘the material circumstances of the individual case’, which are fundamental to fairness and needs.
Fraud
The deficit in question that arises against you should be such that it would be unfair to disregard it and that a different order should be considered as a result.
Mistake
This is something that may have an impact and if a material mistake is made by your former spouse that leads to an undisclosed asset, then depending on the value you can have this reviewed. The asset has to be substantial enough to make a material difference to the outcome, as with fraud.
A property may have been valued and subsequently decreased in value, due to its adverse effect on the economy. Bear in mind though, of course, that all properties may have been adversely affected too. So, a balance may have to be struck.
Subsequent events
We’ve touched on this above. As with all of these examples, an application has to be made reasonably promptly, with the event having occurred relatively quickly after the order is made. It is, therefore, a rare case where this circumstance will apply.
Let’s say that you have agreed to an order, that your former spouse is provided with sufficient assets, to meet their housing needs. Straight away, they marry a multi-millionaire. The purpose of the order is potentially frustrating because your former spouse may have much more assets available to him, particularly if you have children together, and would justify an application to set the order aside, for a fresh look at the new circumstances.
If you suspect your former spouse has hidden assets or if their financial situation has significantly improved, it’s crucial to act promptly to protect your rights regarding Family Court Orders. Don’t let potential fraud or mistakes jeopardize your fair share—reach out to us for expert advice and assistance on Family Court Orders. Contact us today to explore your options and ensure you receive the justice you deserve.
ALWAYS consult us if you are suspicious, or worried, about the effect of your order, or if something has happened that might affect its fairness.