Can my divorce financial order be varied?
25th August, 2026
After a financial remedy order has been made, circumstances can change over time. In some cases, it may be possible to ask the court to review the original order and change it, or parts of it.
The court has the power, in certain circumstances, to vary, discharge or suspend a court order. Section 31 of the Matrimonial Causes Act 1973 sets out the types of order this power applies to, including an order for:
- interim maintenance
- periodical payments
- secured periodical payments
- a lump sum by instalments
- a deferred lump sum
- a settlement of property
- a sale of property
- a pension sharing order (before the final divorce order takes effect).
However, the court cannot vary the following types of order:
- for the payment of a lump sum
- property adjustment orders
- pension sharing order after the final divorce order
What factors does the court consider when varying a financial order?
The court will approach an application to vary with fairness and proportionality in mind. Some cases may only need a light-touch review, while others may require a complete review.
If an application is made to vary an order, specific evidence must be provided to justify the variation. For example, if one party says their income or assets have decreased, or the other party’s income or assets have increased, this will need to be supported by evidence rather than suspicion or general statements.
The court has broad discretion when considering an application to vary a financial order. It’s first consideration will be the welfare of any minor children. The court will also look at any change in circumstances that was relevant when the original order was made. Unless there has been a significant change in circumstances, an application for variation is likely to fail.
The court also has a statutory duty to consider whether a clean break is appropriate. However, it will only bring financial dependence to an end if that can be done without either party suffering undue hardship.
What are the most common types of variation application?
Varying periodical payments (i.e. maintenance)
A party may apply to vary a maintenance order where there has been a material change in circumstances since the order was made. For example, the payer may seek a reduction in payments if their income has fallen or their financial commitments have increased. Equally, the payer may argue that the recipient’s financial position has improved, for example through increased earnings or a reduction in their financial needs.
The recipient’s cohabitation with a new partner may also be a relevant consideration where it affects their financial circumstances, although cohabitation on its own will not automatically justify a variation.
As part of the review, the court must ask itself what the purpose of the original order was.
Varying lump sums payable by instalments
The court will not vary the overall quantum of the lump sum, but until such time as the lump sum is paid in full, the court can vary:
- the timing of the payment(s)
- the size of the instalments
- how often payments are made
- order for the payment of the whole balance
Varying an order for sale
An order for the sale of property or another asset may, in certain circumstances, be varied, suspended, or discharged. Such orders are typically made to facilitate the implementation of a the financial remedy order, such as a lump sum order, property adjustment order, or secured periodical payments order. Their function is to implement the financial arrangements ordered by the court. Where circumstances have changed, the court may consider whether it is appropriate to alter the terms of the order for sale.
Varying a matrimonial court order can be a complex process, requiring careful consideration of both the original order and any changes in circumstances since it was made. Whether you are seeking to increase, reduce or bring an obligation to an end, obtaining the right advice is essential to ensure that your application is presented effectively and that your interests are fully protected.
Our specialist family law team regularly advises clients on applications to vary matrimonial court orders and the practical implications of doing so. We can assess your individual circumstances, explain the options available to you, and guide you through the process with clear, tailored advice. If you are considering applying to vary an order, or are responding to an application made by someone else, we are here to help.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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