This is a very interesting judgement. The Court of Appeal in the case of Critchell v Critchell has upheld a wife's appeal on the basis that her former husband's inheritance was a Barder event which invalidated the foundation upon which a consent order had been made. The wife's appeal was successful due to the limited needs of the parties.
This was a needs-based case where the parties had settled at FDR. A consent order was agreed which provided that the wife retain the matrimonial home, worth £190,000, and there be a charge in favour of the husband equal to 45% of the equity. However, within a month of the consent order, the husband's father died leaving him an inheritance of £180,000. The wife sought to appeal on the basis that the husband's inheritance was a Barder event which invalidated the basis upon which the consent order had been made. The court agreed and the husband's charge on the house was ordered to be removed.
