LB v DB [2020] EWFC B34 (OJ) (18 June 2020)

LB v DB [2020] EWFC B34 (OJ) (18 June 2020)

The threshold for setting aside an executory financial order is a significant change in circumstances since the order was made, not merely a perception of current inequity. The former wife's alleged deterioration in health and changes in property values do not meet this high threshold. The application to set aside is refused; the original order stands and enforcement may proceed.

Citation
[2020] EWFC B34 (OJ)
Parties
Former Husband: LB; Former Wife: DB
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Financial Remedies Application (post Divorce) / Summary Assessment of Set Aside Application
Outcome
Application to set aside refused; enforcement of original order may proceed.
Legal Topics
Financial Remedies, Set Aside of Financial Orders, Clean Break Orders, Executory Orders, Variation of Orders
Family Law Financial Remedies Set Aside of Financial Orders Clean Break Orders Executory Orders Variation of Orders

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Parties

LB

Former Husband

DB

Former Wife

Procedural Posture

Financial Remedies Application (post Divorce) / Summary Assessment of Set Aside Application

Legal Issues

  1. 1 Whether the court should set aside or vary a final financial remedy order on the basis of alleged significant change in circumstances under the Thwaite jurisdiction.
  2. 2 What is the correct legal threshold for setting aside an executory financial order: 'significant change in circumstances' or a higher Barder-type test?
  3. 3 Whether the former wife's alleged deterioration in health and changes in property values meet the threshold for reopening the order.

Ratio Decidendi

The threshold for setting aside an executory financial order is a significant change in circumstances since the order was made, not merely a perception of current inequity. The former wife's alleged deterioration in health and changes in property values do not meet this high threshold. The application to set aside is refused; the original order stands and enforcement may proceed.

Court Disposition

Application to set aside refused; enforcement of original order may proceed.

Orders

  • The former wife's application to set aside or vary the financial order is dismissed.
  • The former husband's enforcement application may proceed.