Introduction to Changing or Cancelling a Court Order
A court order is a formal decision made by a court that sets out what someone must or must not do. Court orders can cover a wide range of situations, including family matters (such as child arrangements or divorce), financial settlements, and other legal disputes. Sometimes, circumstances change after an order is made – perhaps your financial situation has altered, your living arrangements have changed, or new information has come to light. In these cases, you may want to change (vary) or cancel (set aside or discharge) the court order.
Common types of court orders that people seek to change include family orders, like those about child contact or residence, and Financial Orders, which determine how assets are divided after a divorce or separation. The legal grounds for changing or cancelling an order depend on the type of order and the circumstances. For example, financial orders may be set aside if there has been fraud, a significant mistake, or important facts were not disclosed when the order was made.
Before making any application, it’s important to understand your rights and the steps involved. You may be able to resolve matters without returning to court, but in many cases, a formal application is necessary. For a clear explanation of what a Court Order is, and the process for applying to change or end one, you can read more from Unlock.
If you’re considering your options after a court decision, understanding the process and your legal rights can help you make informed choices about your next steps.
Reasons for Changing or Cancelling a Court Order
When life circumstances change, you may find that an existing court order no longer meets your needs or those of your family. Common reasons for requesting a change (known as “varying” an order) or cancelling it altogether (“setting aside” or “discharging” an order) include significant changes in income, job loss, moving to a new area, or concerns about safety and wellbeing. For example, if you or your child are at risk of harm, such as in cases involving domestic abuse, it’s important to seek help and consider whether your court order should be reviewed. You can find support services for domestic abuse victims if you need advice or protection.
Courts will only agree to change or cancel an order if you can show that your circumstances have genuinely changed since the order was made. The law allows for this flexibility – Family Law Act 1996, Section 31 sets out when family law orders can be varied or discharged, and Civil Procedure Rules 1998, Rule 3.1 explains the court’s powers in civil cases.
It’s essential to provide clear evidence to support your request, such as proof of your new financial situation, details of a planned relocation, or documentation relating to safety concerns. The stronger your evidence, the more likely the court is to consider your application favourably. If you’re unsure whether your situation qualifies, it’s a good idea to seek legal advice before taking further steps.
Options for Changing a Court Order
When your circumstances change, there are two main ways to change a court order: by agreement with the other party, or by making a formal application to the court.
If both parties agree on the changes, you may be able to update the order without returning to court, which can save time and reduce legal costs. For more information on how to do this and the steps involved, see our guide on Changing an Order by Agreement.
However, if you cannot reach an agreement, or if the law requires a formal process, you will need to apply to the court to vary or set aside the order. This is often necessary in cases involving disputes, or where the original order relates to children or financial matters. The process is governed by the Family Procedure Rules 2010 for family law cases, and the Civil Procedure Rules for civil matters. To learn more about making a formal application, visit our page on Formal Applications to Vary or Set Aside.
Changing an Order by Agreement
If both parties agree to change the terms of a court order, you may be able to vary the order without the need for a court hearing. This approach is often quicker, less stressful, and can help avoid extra legal costs.
To change an order by agreement, you and the other party should first discuss and come to a clear understanding about the changes you want to make. It’s important to put any agreement in writing. Once you have both agreed, you must inform the court by submitting a formal request – usually a consent order or application form – outlining the new terms. The court will review your agreement to ensure it is fair and, if satisfied, can approve the change without requiring you to attend a hearing.
This method is suitable when both sides are willing to cooperate and the changes are straightforward, such as adjusting contact arrangements or payment schedules. However, if you cannot agree, or if the order relates to certain types of cases (for example, some financial or child arrangements), you may need to follow a different process.
For more detailed guidance on how to change a court order by mutual agreement, see Changing an Order by Agreement.
Formal Applications to Vary or Set Aside
When your circumstances change or you believe a court order is no longer fair or workable, you may need to make a formal application to the court to vary (change) or set aside (cancel) the order. A formal application is usually required if the other party does not agree to the changes, or if the order is legally binding and cannot be changed informally.
The process typically involves completing the relevant court forms, paying a fee, and providing evidence to support your request. The court will consider your reasons for wanting to change or cancel the order, such as significant changes in your financial situation, new information coming to light, or issues with how the original order was made. For example, in family matters, applications are often made through the Family Court.
When deciding on your application, the court will look at factors such as the welfare of any children involved, fairness to all parties, and whether the original order was made correctly. If you are seeking to have an order cancelled, you may come across the term Set Aside, which means cancelling a judgment or order so that the case can be reconsidered.
It is important to prepare thoroughly and consider seeking legal advice before making a formal application, as the process can be complex and the outcome is not guaranteed. For more detailed information on how to start this process and what to expect, visit our section on Formal Applications to Vary or Set Aside.
Changing a Court Order Without Going to Court
Changing a court order does not always mean you need to return to court. In some situations, especially when both parties agree, you can make changes without a formal court hearing. This can save time, reduce stress, and avoid extra costs.
You may be able to change a court order by mutual agreement if your circumstances have changed since the original order was made. For example, parents who agree on new arrangements for their children after a family court order may be able to update those arrangements without going back to court. Similarly, changes to financial orders, such as maintenance payments, can sometimes be made by agreement.
It’s important to understand exactly When You Can Change a Court Order Without Going to Court, as not all orders can be changed this way. Generally, if all parties affected by the order agree to the changes, you can submit a written agreement (sometimes called a consent order) to the court for approval. The court will usually approve the changes if they are in the best interests of everyone involved, especially any children.
For family law orders, Rule 9.9 of the Family Procedure Rules 2010, Rule 9.9 sets out the procedures for applying to change or discharge an order without a hearing. You will typically need to provide a written explanation of the changes and evidence that all parties agree.
If you are unsure whether your situation qualifies, or if one party does not agree to the change, you may need to return to court. In some cases, the Court of Appeal may become involved if there is a dispute about how a court order should be interpreted or enforced.
Always keep a record of any agreement and submit the necessary documents to the court, even if you believe you do not need a hearing. This helps ensure the changes are legally recognised and enforceable.
When You Need to Go to Court to Change an Order
If you want to change or cancel a court order, there are situations where you must make a formal application to the court. This is usually necessary when you and the other party cannot agree on the changes, or if the order is legally binding and cannot be changed informally. For example, changes to child arrangements, financial orders, or injunctions often require court involvement. You can find detailed steps on how to formally request a change in our guide: When You Need to Go to Court to Change an Order.
How to Prepare for Your Court Hearing
Getting ready for a court hearing can seem daunting, but preparation is key. You should gather any evidence or documents that support your reasons for requesting the change. This might include financial statements, correspondence, or reports from professionals. For tips on getting organised and what to expect, visit our section on Preparing for court.
What to Expect During the Court Process
The court process involves submitting your application, attending a hearing, and presenting your case to a judge. The judge will consider all the evidence and listen to both sides before making a decision. The procedures you need to follow depend on the type of order – family law cases are governed by the Family Procedure Rules 2010, while civil cases follow the Civil Procedure Rules 1998. In some cases, the Crown Court has specific powers to vary or revoke orders.
Possible Outcomes and Next Steps
After the hearing, the court may agree to change or cancel the order, refuse your request, or make a different order if it believes it is appropriate. If you are unhappy with the decision, you may have the option to appeal or apply to vary the order again if your circumstances change further. Always make sure you understand the rules that apply to your case, such as the Family Procedure Rules 2010 or the Civil Procedure Rules 1998, before taking your next steps.
Changing Financial Orders
When it comes to changing financial orders after divorce or separation, there are specific legal rules and procedures you need to follow. Financial orders – sometimes called financial remedy orders – set out how assets, income, or property should be divided between you and your former partner. If your circumstances change, you may be able to ask the court to vary (change) or discharge (cancel) these orders.
Common reasons for requesting a change to a financial order include significant changes in income, the loss of a job, serious illness, or changes in the needs of children or either party. However, not every financial order can be changed. For example, lump sum payments and property adjustment orders are usually final, while spousal maintenance and some other ongoing payments may be varied.
To apply for a variation, you must usually make a formal application to the court, following the procedures set out in the Family Procedure Rules 2010. The court’s power to vary certain orders is found in Section 31 of the Matrimonial Causes Act 1973. The court will consider whether the change in circumstances justifies an adjustment to the original order.
Understanding when and how financial orders can be changed is complex, and the outcome can have a lasting impact on your finances. It’s important to seek legal advice before making any application. For more detailed information, see our guide on Changing Financial Orders, or read this in-depth Analysis: Changing financial settlements for further context on how courts approach these matters.
After Your Court Order is Changed or Cancelled
Once the court has agreed to change or cancel your court order, you will receive an updated version reflecting the new decision. This revised order is legally binding from the date it is issued, and both you and the other party must follow its terms.
To make the changes official, you will need to collect your sealed copy of the new order from the court. For details on how to do this, see our guide on collecting your updated court order.
It’s important to read the new order carefully so you understand your rights and obligations. The changes may affect what you need to do, or what you can expect from the other party. If you are unsure about any aspect of the new order, you may wish to seek legal advice.
If the other party does not comply with the updated order, you have the right to ask the court to enforce it. You can learn more about your options for enforcing a court judgment if needed.
Additional Considerations and Related Topics
When considering changing or cancelling a court order, it’s important to think about how this decision could affect other parts of your life. For example, if your court order relates to your home or living arrangements, altering it might impact your tenancy or rental agreement. You can learn more about how court decisions can affect your rights as a tenant by visiting our section on Changing court orders and renting.
Similarly, if your court order is connected to your employment – such as a restriction or requirement following a workplace dispute – any changes could influence your relationship with your employer. For advice on workplace disputes and your rights if you need to challenge a decision at work, see our guide to appealing disciplinary actions at work.
If you need further support, there are a range of services available, including legal advice centres and charities that specialise in housing, employment, and family law. These organisations can help you understand your options and guide you through the process of requesting changes to a court order. Remember, each situation is unique, so seeking tailored advice is often the best way forward.
