Variation & discharge of orders — changing an order that no longer works
REVIEWED BY: Sean McNamara on 2026-08-28
When to vary vs enforce vs discharge
Orders are made for the situation at the time. When life changes — a job moves, a child starts school, a parent remarries, needs change — the right route is usually variation, not breach-then-argue.
Child arrangements orders
- Vary — change contact days, handover logistics, holidays. Court applies the welfare checklist fresh (see our welfare checklist guide). Agreement by consent = consent order, no contested hearing
- Discharge — ends the order entirely (leaving parents free to agree informally). Courts discharge where orders have become pointless or harmful
- Who can apply: anyone named in the order; others (e.g. grandparents with contact orders) need permission to re-apply after discharge
Financial orders — the harder rules
- Capital orders (lump sums, property transfer) are effectively final — you cannot reopen just because the outcome now looks unfair. Rare exceptions: fraud, non-disclosure discovered later (see our non-disclosure guide), or the Barder principle (a dramatic, unforeseeable event within a short window — e.g. a party dies very soon after the order)
- Spousal maintenance (periodical payments) CAN be varied — down, up, or converted to a capitalised lump sum — on changed circumstances. It can also be lengthened in limited cases
- Child maintenance is for the CMS to vary (see our CMS page), not the family court
- Pension sharing orders — implementation errors can be corrected; the substance can't be reopened
Non-disclosure — the reopening route
If your ex hid assets in the original financial case, the court can set aside or vary the order when the concealment is discovered (cases like Sharland v Sharland). Evidence must show deliberate material non-disclosure — a changed asset value alone is usually not enough. Time limits are generous but prejudice matters: act quickly once discovered.
Practical route
1. Try agreement — a consent order varying the original is the cheapest path 2. Mediate if stuck (see our mediation guide) 3. Apply (D11 application) with a short statement: what changed, why, what you propose 4. Never just breach the existing order while you negotiate — enforce/varied is the legal route (see our enforcement guides)
Official links
- https://www.gov.uk/looking-after-children-divorce
- https://www.gov.uk/money-property-when-relationship-ends
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.