Financial claims following long periods of divorce

In a recent case involving business tycoon Dale Vince, his former wife Kathleen Wyatt, whom he divorced 20 years ago, brought a claim for maintenance against him.

The pair were married for three years and at the time of their divorce were both penniless New Age travellers.  It was some time later that Mr Vince launched an eco-company, which is now worth millions of pounds.

His wife launched a ‘financial remedy’ claim against Mr Vince in 2010, which he then countered by applying to have her claim struck out.  This was rejected by the High Court, so Mr Vince appealed.

The Court of Appeal recently ruled in favour of Mr Vince and threw out his wife’s claim stating the claim should not have been brought. It would be wrong to assume from this judgment that the wife’s case was thrown out just due to the length of time since their separation.  In a completely separate recent case, the court allowed a wife to proceeed with her claim some 19 years after divorce.

In Mr Vince’s case many other factors were in the judges’ minds, not least that every penny of the husband’s wealth had been made some years after they divorced. Although, his legal bill for defending his former wife’s claim was in the order of £70,000.

If he had been successful in this way during their marriage, then the situation could have been very different, especially if she could have proved that she had contributed to his success, either in time and support, or financially.

While this case does give some comfort to spouses who prosper after divorce, there is no substitute for getting your affairs in order at the time of separation or divorce, rather than leaving it as a matter of chance for the future.

If you would like to discuss this or any other family law matter, please contact Damian Baron on 01772 258321, or at damian.baron@harrison-drury.com