Can I amend my divorce settlement due to Covid?
Maintenance Orders are capable of variation so if your income has reduced as a result of the pandemic, you may be entitled to reduce your payments. You should ensure that any reduction is reflected in a Court Order to ensure your ex-spouse cannot claim arrears from you.
It is not generally possible to vary capital and pension settlements included in Court Orders unless there has been a significant event, sometimes known as a “barder event”. The following four conditions must be satisfied:
- New events have occurred since the Order which invalidate the basis or fundamental assumption on which the Court Order was made and which were unforeseen and unforeseeable. This can include a change in the value of assets, employment status, inheritance and death.
- The new events occurred within a relatively short time of the Order being made.
- The Application to change the Order is made reasonably promptly.
- If the Application succeeded, this would not prejudice any third parties who have acquired assets in good faith e.g. if the family home has already been sold to a third party.
The applications relying on Covid as a significant event have had limited success. The circumstances in which the Barder principle may apply are few and far between. It is of note that the global financial crisis of 2007/2008 was not considered to be a Barder event.
Care should, therefore, be taken when deciding whether to pursue a change to the Divorce settlement and it is recommended that you speak to a specialist Family Law team like ours.
Related FAQs
- Integration:
- Is the individual held out as being employed by the business by having a company email address, uniform, how would they introduce themselves to customers?
- Exclusivity:
- Is the contractor restricted from working for other organisations without the consent of the end user client?
- Length of engagement:
- Is the contractor engaged to work on a specific project for a defined period? Or are they engaged for an indefinite period with no reference to a specific task or project?
- Pay:
- Are there regular fixed payments or is payment on completion of specific task or commission based? Is the contractor entitled to benefits or bonuses?
- Facilities:
- Does the contractor provide their own equipment and materials to provide the services?
- Financial risk:
- Is the contractor personally responsible for any loss arising from their work in performing the services? Will they have to rectify unsatisfactory work at their own time and expense? Will they have the opportunity to profit from the success of a project?
This guidance from the Chief Coroner applies to reports of death and coroner investigations in England and Wales. It is to assist coroners in continuing to exercise their judicial decisions independently, in accordance with the law, and during the extraordinarily pressured events being faced at present.
Government’s Covid-19 landing page
https://www.gov.uk/coronavirus
Covid-19 recovery strategy
Working safely during Covid-19
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19
Working safely during Covid-19: construction and other outdoor work
Working safely during Covid-19: factories, plants and warehouses
Working safely during Covid-19: labs and research facilities
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/labs-and-research-facilities
Working safely during Covid-19: offices and contact centres
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/offices-and-contact-centres
Working safely during Covid-19: other people’s homes
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes
Working safely during Covid-19: restaurants offering takeaway or delivery
Working safely during Covid-19: shops and branches
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/shops-and-branches
Working safely during Covid-19: vehicles
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/vehicles
Business support: loans, tax relief and grants for businesses, employees and self-employed people
https://www.gov.uk/coronavirus/business-support
Education and childcare
https://www.gov.uk/coronavirus/education-and-childcare
Housing and accommodation: renting: guidance for landlords, tenants and local authorities
Housing and accommodation: moving home
Housing and accommodation: planning inspections
https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance
Healthcare workers, carers and care settings: NHS guidance for people working in healthcare
https://www.england.nhs.uk/coronavirus/
Healthcare workers, carers and care settings: PPE hub
https://www.gov.uk/government/collections/coronavirus-covid-19-personal-protective-equipment-ppe
Healthcare workers, carers and care settings: adult social care guidance
https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance
Healthcare workers, carers and care settings: shielding and protecting people who are clinically extremely vulnerable
Healthcare workers, carers and care settings: adult social care guidance
Healthcare workers, carers and care settings: health, care and volunteer workers parking pass and concessions
International travel and immigration: travel advice for British citizens travelling abroad
https://www.gov.uk/guidance/travel-advice-novel-coronavirus
International travel and immigration: foreign travel advice for each country
https://www.gov.uk/foreign-travel-advice
International travel and immigration: waiting to return to the UK
International travel and immigration: essential international travel guidance
https://www.gov.uk/guidance/coronavirus-covid-19-essential-international-travel-guidance
International travel and immigration: advice for UK visa applicants and temporary UK residents
Government’s financial support for businesses
This page help businesses find out how to access the support that has been made available, who is eligible, when the schemes open and how to apply.
https://www.businesssupport.gov.uk/coronavirus-business-support/
Rishi Sunak
The Twitter feed of the Chancellor of the Exchequer, where he has published various responses to some FAQs from the public.
https://twitter.com/RishiSunak
There are several grounds upon which it is potentially possible to contest a person’s Will. These include:
- The person making the Will (the testator) lacked the necessary mental capacity
- The testator either did not know or did not approve of the contents of their Will
- The testator was improperly influenced into making the Will
- The Will was not correctly executed
- The Will is a forgery and/or was fraudulently obtained
All of these types of claim are known as “validity disputes”, because you are effectively disputing the validity of the Will itself.
On the other hand it may be that even if the Will is valid, you feel that it is unfair in that it does not make sufficient financial provision for you. In those circumstances, it may be possible to bring a claim under a piece of legislation known as the Inheritance (Provision for Family and Dependants) Act 1975 (known simply as the 1975 Act). The 1975 Act provides for certain classes of people to be able to apply to the court for greater financial provision out of a deceased person’s estate, and is explained in more detail below in the FAQs relating to financial provision.
The guidance asks parties to act responsibly and fairly in performing and enforcing contracts. They are encouraged to act in a spirit of cooperation to achieve practical, just and equitable outcomes. In essence, rather than sticking strictly to the contract as agreed, they are encouraged to give each other leeway to deliver performance differently than they are required to do under the contract.