Appealing a Judge's decision in financial proceedings - Making a Financial Application (part 5/5)

Jo Spain, family law solicitor

You have reached the last Court hearing and the Judge has made a final Order.  But what can you do if you are unhappy with this decision?

You must be clear that you cannot file an appeal just because you do not like the decision reached by the Judge.  Judge's have a very wide discretion within which they may make a decision and simply not liking it is not enough.

You may only appeal if the Judge has made a mistake in law or has gone outside the discretion available to them.  It is sensible to seek the advice of your Barrister (through your Solicitor) first as to whether either of these is applicable.

If you are advised that an appeal is possible (and sensible in the circumstances) then you must act quickly as it must be filed within 14 days of the date of the Order (with a fee).  The appeal is from the district judge (who made the original decision) to a circuit judge.  If you miss the 14 day deadline you must apply to a circuit judge for leave to appeal.

The appeal is limited to a review of the Order unless the judge considers that a retrial is necessary.  Fresh evidence may only be admitted at the discretion of the circuit judge if it is in the interests of justice to do so.