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Financial Order Upheld

Financial Order Upheld, Set Aside Denied

9 JULY 2026 | Finances on Divorce | 2 Minute Read

In 2025 our team was approached to defend an application to set aside a financial order.  Had the set aside been granted, the person we represented would have been open to new financial claims from his former spouse.

Financial Order Upheld, Set Aside Denied

The former couple had reached an agreement in relation to their finances on divorce in August 2020, each obtaining separate legal advice. This had been converted into a Court Order in August 2022, meaning that the agreement was intended to be final and legally binding.

In the years since the agreement was finalised, the husband’s wealth had grown significantly, to at least £32 million. In 2025, the wife applied to set aside the original Court Order. She claimed that the husband had placed her under undue pressure and that there was non-disclosure on his part. The husband disagreed, asserting that the original agreement was a fair reflection of the family’s financial position at that time.

Advised by Mishcon de Reya, the wife applied to set aside the original Court Order and her case was heard by a High Court Judge. The husband was represented by Daniel Coombes, Grace Lawrence and Jaanki Shah of Family Law in Partnership, who instructed specialist barristers, Tim Bishop KC of 1 Hare Court and Sophie Connors of 1KBW.

Outcome:

Following the trial in the High Court, Mr Justice Garrido dismissed the wife’s claim and upheld the Court Order made in 2022. He rejected the wife’s suggestion that the husband had placed undue pressure on her in order to procure the agreement, or that there was non-disclosure on his part. In fact, Mr Justice Garrido noted that “the contemporaneous evidence taken as a whole shows that [the husband] behaved at all times with sensitivity and decency”.

Significance: 

This verdict is important because it emphasises the finality of court orders and serves as a reminder that in the absence of a narrow set of factors, people will generally be held to the agreements they reach, allowing them to move forward with certainty.

For further information please refer to the reported case of W v H [2025] EWFC 528.

Family Law in Partnership

"A top-notch specialist niche family practice that takes a holistic approach, promoting and conducting NCDR (mediation, arbitration) with therapeutic support, as well as litigating effectively. "

Family Law in Partnership

Financial Order Upheld, Set Aside Denied

Answers to common questions about this topic.

What is a Financial Order? +

 A financial order on divorce details how spouses will divide their assets like savings, property and pensions and it may also make provision in relation to income. 

What is a Set Aside Application? +

A set aside application is a formal legal request to cancel or void a previous court order.

In what circumstances could a Financial Order be Set Aside? +

In broad terms, a financial order could be set aside if there has been material non-disclosure, fraud or duress (pressure in the extreme), in which case it is advisable to seek legal guidance.

What is the role of a Barrister in Family Law? +

 Barristers represent people in Court, they also give specialist legal advice and advise on the strengths and weaknesses of a case.  

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Family Law in Partnership
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Family Law in Partnership

At FLiP we take a unique approach to family law. We balance our exceptional legal expertise with care and compassion, delivering intelligent and creative solutions while carefully managing any emotional impact.

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