Member Article

Closing door on divorce - lesson from landmark case

A landmark case allowing a woman to make a claim for financial support from her ex-husband decades after their divorce could open the floodgates for similar claims.

Five Supreme Court judges ruled unanimously that Kathleen Wyatt can seek a pay-out from her former husband multimillionaire Dale Vince 20 years after their divorce.

Their decision, described as “mad” by Mr Vince, is unprecedented and is a salutary lesson for all divorcing couples.

Kathleen Wyatt and Dale Vince were penniless New Age travellers with a small son, Dane, at the time of their divorce. Mr Vince made millions some years later after founding the successful green energy company Ecotricity. Awarded an OBE, Mr Vince is said to be worth £107m while his former wife lives on a limited income.

While some family lawyers and media commentators doubted that Kathleen Wyatt would win her case after such a long time lapse. However, there is no time limit in family law on making such orders and as there was no financial order in place at the time of the divorce, the judges ruled that Ms Wyatt could apply to the Family Division of the High Court to make a claim for financial support.

Although there is no guarantee that Ms Wyatt will receive a substantial payout from the family court, the ruling is a timely reminder to all separated couples to have an order in place when they divorce to ensure that there will be no financial claims in the future.

Without this financial ‘closure’ ex husbands and wives could come back with a claim for financial support from their exes many decades later.

And you don’t have to have made millions in business like ‘rags to riches’ Dale Vince. An inheritance or a lottery win could leave your finances healthier some years after a divorce. Without a financial order an ex husband or wife could make a claim on that windfall.

To ensure that future wealth and assets are protected you should seek legal advice when you are considering divorce. However, the end of legal aid for most divorce and family matters means that thousands of divorcing couples are denied access to the expert advice they so desperately need.

Droves of couples undertaking DIY divorces may not have considered the need to have robust financial orders in place which will give clarity and certainty to avoid delayed claims coming home to roost. They may have made mutual agreements not endorsed by a court and which could come back to haunt them in the future. Whilst that may seem to be fine it is a recipe for disaster many years later.

A financial order in place at the end of a divorce allows both parties to move on and avoids anyone having to return to the court years later with all the anguish, stress and cost – including the risk of damaging a new relationship.

For more information, visit www.jonesmyers.co.uk or call 0113 246 0055.

This was posted in Bdaily's Members' News section by Jones Myers LLP .