To many people’s surprise, the financial claims that a couple can make against each other upon divorce remain open even after the divorce is complete. Only a court order or someone’s remarriage or death will prevent them from making a claim for a share of their former spouse’s finances. This means that if the financial claims are not resolved by the court at the time of divorce, there is a possibility of litigation even years after the divorce; a fate that came to Mr Vince when his former spouse, Ms Wyatt pursued her financial claims against him 20 years after they divorced.
Mr Vince and Ms Wyatt married in 1981, separated in 1984 and divorced in 1992 but they did not deal with their financial claims. Following their divorce, Mr Vince pursued a new-age travelling lifestyle and Mrs Wyatt cared for the children, living a very modest lifestyle. Subsequently Mr Vince’s green energy business took off, making him a multi-millionaire, following which Ms Wyatt started court action. Earlier this year the Supreme Court ruled that Ms Wyatt should be allowed to pursue her financial claims against her husband, despite the divorce being over 20 years ago.
This has prompted debate about whether there should be a limitation period after which no such claims can be brought. Many would have sympathy with Mr Vince whose wealth was made years after the divorce. A limitation period would provide certainty and allow both parties to move on with their lives, safe in the knowledge that no claims can be made.
The Supreme Court did not suggest that a limitation period should be introduced but did emphasise the uphill struggle that Mrs Wyatt would have in pursuing her claims. The Judges reiterated that a claim based on ‘need’ would only succeed if it is shown that the need was generated by the relationship. In Mrs Wyatt’s case, they commented that her contribution by raising the children may justify an order for a modest sum to enable her to purchase a property mortgage free. The claim was later settled with Mr Vince paying Ms Wyatt a lump sum of £300,000.
A similar case subsequently came before the High Court, which dismissed the wife’s financial claims completely on the basis that she had not demonstrated that her financial needs had been generated by the marriage, which also ended over 20 years ago. These cases show that whilst litigation may be a possibility, it is risky and not guaranteed to succeed.
Whilst there is no limitation period, for peace of mind, it is always advisable to obtain a court order to deal with financial claims upon divorce, even in cases where there are no or few assets or where a settlement has been reached amicably.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
Related insights
Thinking of selling your business? Here’s how to get it right
If selling your business has been sitting on the “maybe someday” list, you’re not alone. Although the wider economic climate remains cautious, there are always owners who need or want…
Read moreManaging disputes and protecting your cash flow
Disputes are an unfortunate but common part of running a business. Late payment, disagreements over contract terms or a breakdown in a trading relationship can be commonplace and can often…
Read moreYour Will should change as your life does – when did you last review yours?
It’s a common misconception not only that Wills are something to think about later in life, but that once written, the job is done. In reality, a Will should evolve…
Read moreSpring clean your business’s contracts and policies
As your business grows and the legal landscape continues to shift, scheduling an annual “spring clean” of your contracts and internal policies is a smart way to stay compliant and…
Read moreNational Pet Day: Why pet owners should think about a pet‑nup
As the UK celebrates National Pet Day this month, it’s the perfect moment to celebrate the animals who brighten our lives – and to think practically about their wellbeing should…
Read more