A Barder event is a highly exceptional circumstance where a major unforeseen event occurs shortly after a financial order is made in divorce proceedings, fundamentally undermining the basis upon which the original order was made.
The principle comes from the case of Barder v Barder and allows the court, in limited situations, to revisit or potentially set aside a financial order that would otherwise have been final.
However, these applications are rare.
The courts are generally reluctant to reopen financial settlements after divorce, even where circumstances have changed significantly. The threshold for a successful Barder application is intentionally high.
Key takeaways
- Barder events are rare and exceptional.
- The event must usually be unforeseen and unforeseeable.
- The new event must fundamentally undermine the basis of the original financial order.
- Applications normally need to be made promptly.
- The courts are generally reluctant to reopen final financial settlements.
- Not every change in circumstances will qualify as a Barder event.
Jump To
What is the Barder principle?
The Barder principle comes from the case of Barder v Barder.
The principle allows the court, in limited and exceptional circumstances, to revisit a financial order made during divorce proceedings where a major unforeseen event later undermines the basis upon which the order was made.
Financial orders are generally intended to provide finality. The courts therefore approach Barder applications cautiously and will not reopen settlements lightly.
You may also find Melanie’s related article on whether circumstances changing can allow you to challenge a financial order after divorce helpful.
What conditions need to be met?
The case of Barder v Barder established four conditions which generally need to be satisfied before an appeal out of time may be allowed.
| Condition | Meaning |
|---|---|
| New unforeseen event | A major new event must have occurred after the order was made |
| Fundamental change | The event must undermine the basis or assumptions behind the original order |
| Prompt application | The application should be made promptly in light of the new event |
| No prejudice to third parties | The application must not unfairly affect third parties who acquired interests in good faith |
What can count as a Barder event?
Each case depends heavily on its own facts, but situations that may potentially give rise to a Barder application include:
- Death
- Inheritance
- Concealed remarriage or cohabitation
- Changes in children’s living arrangements
- Exceptional collapse in asset value
For example, in Nasim v Nasim [2015], the court treated a significant change in the children’s living arrangements shortly after the order as a Barder event.
What usually does not count?
Not every difficult or unfair change in circumstances will amount to a Barder event.
The courts have generally rejected applications involving:
- Ordinary market fluctuations
- Redundancy or job loss
- Straightforward remarriage
- Hindsight regret about a settlement
- Normal financial difficulties
In Cornick v Cornick [1995], the court confirmed that even major changes in asset value will not automatically justify reopening a financial order.
Similarly, in Maskell v Maskell [2001], the husband losing his job was not treated as sufficiently exceptional.
Barder event vs ordinary change in circumstances
The difference is not simply whether the change is serious. The key question is whether the event undermines the foundation of the original order.
For example, a fall in asset value may feel unfair, but that alone will not usually be enough. The court will normally ask whether the original order was made on an assumption that has since been invalidated by an unforeseen event.
This is why Barder applications are so fact-specific. A dramatic change may still fail if it does not affect the basis on which the order was made.
Why are Barder applications so rare?
The courts place significant importance on finality in divorce financial settlements.
If financial orders could easily be reopened whenever circumstances changed, parties would struggle to move on financially after divorce and settlements would become uncertain.
For this reason, the courts reserve Barder applications for genuinely exceptional situations where the original assumptions behind the order have fundamentally collapsed.
This is why many applications fail, even where circumstances have changed dramatically.
If you are worried about disclosure issues or hidden assets rather than a true Barder event, you may also find Melanie’s guide on what to do if you suspect your spouse is hiding assets during divorce helpful.
How Melanie Townsend can help
Melanie Townsend advises clients on complex divorce and financial settlement matters, including cases involving business interests, trusts, inherited wealth, property portfolios, maintenance and wider financial complexity.
Where circumstances have changed significantly after a financial order was made, early advice is important. Melanie can advise on whether the change is likely to be legally relevant, whether further steps may be proportionate, and what evidence may be needed before seeking to challenge an order.
If you are concerned about a financial order made after divorce, contact Melanie Townsend in confidence.
Frequently asked questions about Barder events
If circumstances have changed after a divorce financial order, these are some of the most common questions clients ask about Barder events.
Can a divorce financial order really be reopened?
Potentially, yes, but only in exceptional circumstances. The courts are generally reluctant to reopen final financial settlements.
Does a Barder event need to happen quickly?
Usually, yes. The event normally needs to happen relatively shortly after the order was made.
Is a fall in asset value enough on its own?
Usually not. Ordinary market fluctuations will not normally amount to a Barder event, even where the financial impact is significant.
Can remarriage count as a Barder event?
Potentially, but it depends heavily on the facts and whether the remarriage undermines the assumptions on which the original order was based.
What should I do if I think a Barder event applies to my case?
You should seek legal advice as early as possible. Delay can affect whether the court is willing to consider the application.
About the author
Melanie Townsend
Melanie Townsend advises on complex divorce and financial settlement matters involving high-value assets, business interests, trusts, inherited wealth, financial disclosure concerns and post-order disputes.
Her work includes advising clients on whether financial settlements may be open to challenge following serious changes in circumstances, disclosure issues or wider financial complexity.
