Could COVID-19 set aside your divorce settlement? Jenny Duggan explores the possibilities
- In the recent case of FRB v DCA [2020] EWHC 3696, the court held that the COVID-19 pandemic was not an unforeseeable event which entitled a husband to set aside the final financial remedy order made on his divorce.
- This article examines the decision and considers whether the COVID-19 pandemic might be grounds for setting aside a financial remedy order if the situation is different to that in FRB v DCA.
A little over a year ago, Britain faced its first lockdown. The world pressed pause, and no one was quite sure what would happen next. This was no exception for couples who had reached a financial settlement in their divorce shortly before the pandemic took hold.
A final financial remedy order sets out the financial agreement reached between a divorcing couple. It represents the end of financial negotiations, and provides the finality most people need to move forward. For this reason, the English courts are only willing to set aside
