Short answer
For a financial remedy set-aside enquiry, prepare the sealed order, Form E or D81 disclosure, alleged non-disclosure, mistake or later event, correspondence, valuation evidence, court papers and any appeal or application deadline.
Quick checklist
Start with these
Start With The Order And Route
A barrister needs the exact order being challenged and the reason a set-aside route is being considered. The starting point should be the sealed order, when it was made, whether it was by consent and whether any appeal or enforcement step is already underway.
The enquiry should avoid conclusions such as fraud or material non-disclosure without showing the documents relied on.
- Sealed financial remedy order, consent order and any pension annex.
- Date of order, final order or decree absolute, and date the issue was discovered.
- Form E, Form E2, D81 statement of information and disclosure exchanged.
- Appeal papers, enforcement papers or applications already issued.
- Any court deadline, hearing notice or directions order.
Evidence For The Ground Relied On
The evidence pack should explain the alleged issue and why it is said to affect the order. Keep valuations, asset documents and correspondence in date order.
- Documents said to show non-disclosure, mistake, fraud or a later unforeseen event.
- Company, property, pension, bank, tax or trust documents.
- Expert valuations, accountant letters or sale documents.
- Settlement correspondence and disclosure requests.
- A short schedule of what was known then and what is known now.
Questions To Ask Before A Quote
A family finance barrister may be asked to advise on the correct route, evidence gaps, proportionality, drafting, directions or representation. Some cases may need solicitor support for filing, service and ongoing litigation conduct.
This guide is general information only. It does not say whether an order should be set aside or whether any ground is made out.
Source note: source-checked against Family Procedure Rules Part 9, Practice Direction 9A and GOV.UK financial remedy forms on 11 September 2026. Set-aside grounds, appeal overlap, costs, disclosure and timing issues need specialist family finance review before publication.
Claim and official-source ledger
- Family Procedure Rules Part 9 includes rule 9.9A on applications to set aside financial remedy orders.
- Part 9 - Applications for a Financial Remedy — Justice UK; checked .
- Practice Direction 9A gives additional guidance on applications to set aside a financial remedy order.
- Practice Direction 9A - Application for a Financial Remedy — Justice UK; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Financial Remedy Set Aside Barrister Evidence Guide FAQs
Can a financial remedy order be set aside?
There is a family procedure route for set-aside applications, but whether it applies depends on the order, evidence, grounds and timing. Specific advice is needed.
What documents matter most?
The sealed order, disclosure documents, statement of information, valuations, correspondence and evidence supporting the alleged ground are usually central.
Is set aside the same as an appeal?
No. Appeal and set-aside routes can overlap in difficult ways. The papers should identify any alleged court error, non-disclosure, mistake or later event.
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Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
