‘New age traveller turned eco-millionaire’ case highlights importance of financial consent order

Divorce can be a complicated process, so it’s no surprise that people don’t know they need to arrange a financial consent order at the end of the proceedings, especially if they haven’t sought legal advice.

The case of Vince v Wyatt acts as a timely reminder to divorcing couples to consider early settlement options and it highlights the importance of getting a financial consent order.

This was the case of the ‘new age traveller turned eco-millionaire’ who refused to pay a financial award to his former wife who applied for financial provision 27 years after they separated.

Here are the facts of the case:

• They married in 1981 and had one son
• They had an exceptionally low standard of living
• They separated in 1984 and divorced in 1992
• Mr Vince went on to establish Ecotricity, with an estimated value of £57m
• Mr Vince did not begin to create his wealth until 13 years after the relationship breakdown
• Ms Wyatt has made no contribution, direct or indirect, to Mr Vince’s wealth.

In 2011 the wife issued an application to the court for a lump sum and periodical payment to cover her estimated costs, which her ex husband applied to strike out. The case went all the way to supreme court, which allowed the wife’s claim to continue. The husband eventually agreed to pay the wife a lump sum and cover her legal costs.

Having already incurred the cost of a divorce, many people, particularly those who have little or no assets or income, can be reluctant to add the expense of an additional document to their divorce bill.

Regardless of how certain you are at the time of separation that you can trust your ex-spouse not to make a claim against you in the future, you should always have this recorded in writing and made into a court order, known as a consent order.

The case of Vince v Wyatt exposes the risk on an ex-partner making an application for financial remedy many years after the end of the marriage, by which time both parties’ financial circumstances may have changed significantly.

Harrison Drury’s team of divorce and family solicitors has built up an excellent reputation having successfully represented clients across Lancashire and Cumbria. Our experts have decades of experience and encourage out of court agreements to come to amicable settlements that suit all parties.