Thursday, 2 June 2016
Can You Bring A Financial Settlement Claim Many Years After Separation?
After the long and wrenching process of divorce, the financial settlement stage often comes as a relief to divorcing couples. However, an important point to note here is that a former spouse is entitled to pursue their ex-husband or wife for support, even years after divorce if no financial order was made at the time, state Curry Popeck,’s Harrow solicitors .
Currently, divorcing couples can obtain a Decree Absolute without a financial order, so it is very important to record all the financial matters in a court order to prevent opportunistic claims later, suggest Curry Popeck solicitors in Harrow Middlesex. The case of Wyatt v Vinceis a case in point: In Wyatt v Vince, the court ruled that Kathleen Wyatt, ex-wife of energy supplier Ecotricity’s founder, Dale Vince, could proceed with a claim against her former husband 20 years after their divorce.
Ms Wyatt and her ex-husband, Mr. Vince, married in 1981, separated in 1984 and were divorced in 1992.After the divorce, Vince went on to found the renewable energy company Ecotricity and generated significant wealth.
Kathleen Wyatt, began a claim for a lump sum of £1.9m and legal costs, 18 years after the divorce, in 2011.However, Mr. Vince appealed against his ex-wife on the basis that she had lodged the claim too late.But five Supreme Court justices unanimously ruled Ms Wyatt's case should go before the family court. The Supreme Court, however, did question the amount of financial relief sought by Ms Wyatt and suggested that a much more modest award would be appropriate for her.
They remarked that herclaim was "legally recognisable" and not an "abuse of process", considering her ongoing care for the children of the marriage without any financial contribution from her former husband.
This is a striking ruling that highlights the fact there is no time limit for ex-spouses to apply to a court for a financial settlement following a divorce.
So, it is very important for the divorcing couples who want protection from such claims, to obtain a consent order from the court at the time of the divorce, in which they both agree that there will be no further financial claims.
According to Curry Popeck, solicitors in Harrow even in amicable cases of divorce, it is very important to have a consent order drawn up, to prevent any future problems.
The high profile case of Wyatt and Vince has encouraged more divorcees to pursue claims after divorce. If you want to prevent any such problems or would like to contact Curry Popeck, solicitors, regarding your financial settlement then please visit their website- http://www.currypopeck.com/
Curry Popeck, Harrow solicitors, have more than 30 years’ experience of delivering clear legal and commercial advice to clients. From complex family law matters to corporate law, they can provide you with the best legal advice to help you in the most difficult of times.