Dixon v Marchant [2008] EWCA Civ 11 – Law Journals

Financial provision: Dealing with reality

Helen Cort considers the circumstances in which an order may be set aside on the basis of non-disclosure and the crucial issue of the burden of proof On an application to set aside an order on the basis of fraud, the court has to stand in the shoes of the court which made the order …

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Barder Appeals: Finding closure

Beth Mason and Georgia Day look at the Court of Appeal decision in Critchell and what may constitute a Barder event ‘There have been many attempts to set aside orders based on a Barder event, but the courts have been reluctant to let such applications succeed and the threshold for success is high.’ Family lawyers …

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Setting Aside: Playing the odds

In the conclusion to a two-part analysis, Frances Bailey and Claire Glaister look at the options when seeking to set aside a consent order ‘To successfully set aside a consent order on the basis of common mistake it must be shown not only that there was a common mistake, but that that mistake was fundamental …

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Marital Agreements: Re-opening the door

Ellie Foster sets out the implications of any gaps in a marital agreement and the importance of needs in big money ‘The marriage settlement could be disregarded as it did not provide secure English housing for the wife nor did it prevent a claim for maintenance’. The decision of Moor J in AH v PH …

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Cohabitation: Moving on

Margaret Hatwood outlines the court’s approach when a payee under a financial order cohabits ‘On a variation application, the court will look at the financial impact of any cohabitation on the needs of a payee. A cohabitant is expected to pay their way, and if a cohabitant can more than pay their way then this …

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