Supreme Court allows a Former Wife to make a Financial Claim against her Former Husband 31 years after they separate and 18 years after their divorce is finalised

Published: 8th June 2015 at 11:53:58

The case of Wyatt and Vince (2015) UKSC 14  recently made the national headlines when the Supreme Court allowed a former wife’s claim against her former husband’s multi million pound fortune to be made eighteen years after their divorce proceedings had concluded.

Ms Wyatt and Mr Vince married in 1981 and lived a modest lifestyle. At the time of their divorce in 1992 both had limited incomes and little assets and so they obtained the Decree Absolute in the divorce proceedings but did not take any action to resolve financial matters.

In 1985 Mr Vince founded a highly successful wind power company which has now made him worth approximately £107 million. During this time Ms Wyatt cared for their child and allegedly received minimal financial support from Mr Vince. Ms Wyatt’s claim for £1.9 million has now been permitted to continue although the exact amount she will be awarded has not yet been determined.

This case is very important because it seeks to highlight that even after divorce proceedings have concluded both the former husband and the former wife may continue to have financial claims against each other’s incomes and assets, including pension policies and even their estates following their deaths. As can be seen this could include assets which have been obtained by the husband or by the wife long after their divorce proceedings have concluded.

To prevent this, it is always important to address financial matters at the time of the divorce proceedings. A Consent Order can be obtained by us on your behalf from the Court reflecting any agreement reached between the husband and the wife as to how the matrimonial assets should be divided between them or alternatively even reflecting that there are no assets of value to be divided. The Consent Order can include a “clean break” clause which will have the effect of dismissing any financial claims they have against each other in the future.

If it is not possible to reach agreement either by discussions and correspondence between the husband and wife and/ or their respective solicitors or through mediation, then an application to the Court can be made to issue Ancillary Relief proceedings which will conclude with the District Judge making a final Order which again could include a clean break clause.

If you remarry, you cannot make a claim against your former husband or wife but they could still make a claim against you if they do not remarry themselves.

We offer a fixed fee of £400 plus vat and disbursements for all work included in preparing and obtaining a Clean Break Consent Order. This is a small sum indeed to provide you with certainty and peace of mind that your future income and assets are protected.

If you would like to discuss this matter, then please contact our matrimonial solicitor Helen Lawer who will be pleased to assist you.