Supreme Court ruling – does it open the floodgates to claims from the past?

12th November 2015

In a ruling by the Supreme Court on 11 March Kathleen Wyatt was given permission to make a claim for a financial order against her former husband Dale Vince, even though they separated in the mid 1980’s and were divorced in 1982. It is by no means certain that she will be successful but the case underlines the fact there is no time limit for ex-spouses to apply to a court for a financial settlement following a divorce – however weak their claim may appear to be.

The judgment is also a clear reminder that divorcing couples who want protection from such claims, even if they have no money at the time they are divorced, should obtain a “clean break” order from the court at the time of the divorce, in which they both agree that there will be no further financial claims between them in the future, or against their estates if one of them dies.

If you think you may be affected by the decision contact our Family Team for advice.