Divorce column – March 2026

Not happy with the decision – Can I appeal?
Family court decisions can be life-changing. Whether they relate to children, finances or other family matters, it’s understandable that people sometimes leave court feeling the outcome is unfair or wrong. But can a decision be appealed?
The short answer is maybe. It depends. There is no automatic right to appeal. Appealing a family court decision is not about simply disagreeing with the Judge. In almost every case there’s usually at least one party who disagrees with the Judge. Appeals are tightly controlled and are only allowed where there is a proper legal basis.
The appeal court will not re-hear the case or reconsider the evidence just because one party is unhappy with the result. Instead, an appeal must be based on an error of law, a serious procedural irregularity, or a decision that falls outside the range of reasonable outcomes open to the Judge.
Timing is also critical. In most family cases an appeal must be started within 21 days of the decision being appealed. In some circumstances a shorter period may apply. In many situations, permission to appeal is required — either from the Judge who made the original decision or from the appeal court itself. This initial stage acts as a filter to ensure that only appeals with real merit proceed.
It is also important to consider the practical and emotional costs. Appeals can be expensive, stressful and time-consuming. In cases involving children, the court will be particularly concerned about delay and the impact further proceedings may have on them.
For these reasons, taking early advice is essential. Appealing a decision is not a step to be taken lightly. An experienced family law solicitor will be able to assess whether there are genuine grounds to appeal, explain the risks and prospects of success, and help you decide whether an appeal is the right step to take.
For expert advice and assistance regarding family law matters please get in touch – whatever your circumstances we have the experience and expertise to advise, guide and support you.