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
