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Is Covid-19 a Barder Event? Probably not . . .at least not yet!

Date:15 DEC 2021
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Claire Athis Schofield Barrister Deans Court Chambers
Liam Kelly Barrister Deans Court Chambers

Whilst an application pursuant to s 31 of the Matrimonial Causes Act 1973 provides a statutory right to apply to vary periodical payments or a lump sum payable by instalments there is no statutory route to vary a capital order (transfer of property or lump sum order). The circumstances in which capital final orders within financial remedies proceedings can be altered or set aside are extremely limited without the presence of ‘vitiating factors’ unless there is a “Barder” event.

Are then the ‘unprecedented’ changes to the financial standing of many brought about by the Covid-19 pandemic capable of being a “Barder” event justifying the variation or setting aside of a final order?

A review of the recent case law: FRB v DCA (No. 3) [2020] EWHC 3696 (Fam) HW v WW [2021] EWFC B20 BT v CU [2021] EWFC 87 would seem to suggest the answer is ‘probably not’. However whilst the courts have been reluctant...

Read the full article here.