Ex-spouse can claim after 23 years of divorce

Posted on March 12, 2015

“The widely reported case of Wyatt v Vince has undoubtedly caused consternation amongst lawyers and some already divorced people”, says Daniel Prince, divorce lawyer at Pearson Solicitors.

“But the case is somewhat limited in its ramifications, as it states that the former wife can now proceed to make a claim against her former husband, but does not guarantee the success of any such claim, as the Court will then have to consider many factors, including the delay and the fact that the former husband’s considerable assets seem to have been amassed post-separation.

“However, bearing in mind the size of the former husband’s assets, even an award of a very small percentage will be a significant sum, and the former husband will also have to deal with the application, which will undoubtedly incur significant legal fees”.

“In hindsight, this could have been avoided if the parties had entered into a clean break consent order when they divorced, but as they may not have had any assets then, possibly thought it was not necessary and a waste of money”.

“We always advise our clients of the advisability of recording any financial agreement either into a Separation Agreement, or Consent Order, to try and prevent such eventualities from happening. Sometimes we are asked whether such a document is necessary, and our answer is that such agreement will provide peace of mind and certainty, and allows both parties to move on with their lives without having to look over their shoulder”.

“The standard Clean Break provisions in such an agreement record that neither party can make any future financial claims against the other, either in life or in death and such clauses are popular with our clients”.

For advice on your divorce contact Pearson Solicitors Divorce Team on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Supreme court gives Kathleen Wyatt go-ahead to claim against Dale Vince, who became a multimillionaire after their divorce

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.