“Reasonable promptness” when asking the court to set aside a financial remedy order: What it means and why acting quickly matters

If you think a financial order made on divorce is wrong because key information was hidden or something significant has changed, it is possible to ask the court to “set aside” that order. 

In plain terms, that means asking the court to cancel or vary the order so the finances can be looked at again. A key idea the court applies is whether the party applying has acted with “reasonable promptness”. That phrase is not about a fixed deadline. It is about moving quickly and sensibly in the real world, taking into account everything that has happened and when the problem became apparent.

What does “reasonable promptness” mean in practice?

There is no single time limit in the court rules for set aside applications, but the process used says an application should be made as soon as it appears necessary and desirable. The court will look at all the circumstances to decide whether a party moved with reasonable promptness.

When the court considers delay, it looks at what was known and when, what information was available or obtainable with reasonable effort, how serious the non-disclosure or other issue was, and whether any delay caused unfairness to the other person. The court considers both subjective and objective factors, and it reviews the whole period before and after the new information came to light, including what happened during negotiations and after the order was made.

In a recent High Court case, the judge confirmed these principles and upheld a decision that the applicant spouse had acted with reasonable promptness in the circumstances, because the court considered the relevant periods after key information emerged and after later comments crystallised the concern. This illustrates that the court takes a realistic view of when “the penny drops” but still expects parties to act swiftly once they have enough to take action.

Why timing matters to you

Moving promptly protects a parties’ position. If there was a delay in taking action after receipt of the information, the court may refuse to set aside the order even if there were serious issues / non-disclosure, because avoidable delay can itself be unfair. Acting quickly also helps gather evidence while it is fresh and can prevent steps being taken to implement an unfair order.

What you should do if you believe your order should be set aside

Seek specialist family law advice immediately. Early advice can result in you being able to make an informed decision regarding whether to make an application to set aside and what evidence you will need. The procedure for set aside applications follows the general application rules and expects you to move as soon as it appears necessary and desirable, so prompt instruction of solicitors is critical.

Preserve and organise the information you have. Keep copies of any documents that suggest material non-disclosure or error, note when you first received them, and record any events that made you realise there may be an issue. The court will look at what you knew, what you could have reasonably discovered, and when, so clear timelines help show you acted with reasonable promptness.

Act on new information quickly. Once you have enough to justify an application, do not wait for perfect evidence. Your solicitor can advise on urgent steps, including writing to the other party, seeking disclosure, and issuing an application without unnecessary delay. The court will expect to see decisive steps taken within a sensible timeframe in light of the circumstances.

How we can help

If you are worried that your financial remedy order is incorrect because something important was not disclosed or has since come to light, contact us today. Early, focused action can make the difference between reopening an unfair order and losing the opportunity to do so. If you are looking for support with your family law matter, please get in contact today.