Barder - Events/Setting Aside Final Orders

In 1987 in the case of Barder v Barder the court allowed an appeal outside of the usual 21 day time limit to set aside a final order in financial matters following a divorce on the basis that a “new event” had occurred. The court set down a precedent that, if a sufficiently significant event had occurred, then the existing order could be replaced. These “new events” are known as Barder events.

A Barder event must be an unforeseen occurrence which has so significantly changed the value of the assets that the final order can no longer be considered as fair. The change in value would not be taken into account though if they were simply as a result of market fluctuation (such as shares, property values, pensions, etc).

The courts will only rarely allow a Barder event to set aside a final order. The covid pandemic has, in a limited number of cases, been accepted as an acceptable event. However, as they are so difficult to succeed upon, very few cases have appeared before the courts.

Whilst it is unlikely that covid would be a successful Barder event as it has been in existence now for nearly 2 years, if you feel that an unforeseen event has occurred that has greatly reduced or increased the value of the former family assets and you feel that any existing order is now grossly unfair, then you must act quickly as any delay could be fatal to the application.

If you need any Family Law advice contact our specialists Stephen Warburton or David Bannister at our Northwich office on (01606) 74301.