In the case of Wyatt v Vince [2015] the Supreme Court has (to quote an overused phrase in legal circles) possibly 'opened the floodgates' for claims by ex spouses to return to court to make a claim against their former spouse many years after the divorce was granted.
When Ms Wyatt divorced her husband in 1992 he was a so called 'new age traveller' and was the father of her son. Some 22 years later, Mr Vince is now a very successful businessman having, perhaps unsurprisingly given his previous interests, made his money from 'green' energy and wind turbines. His ex-spouse did not do so well and she has made a claim for part of his fortune - all of which was amassed after they split up.
All that the Supreme Court has ruled so far is that the case should be returned to Court for the matter to be heard. But this does set an important precedent and recognises that if the parties to a divorce cannot produce details of their settlement, then it may be re-opened even decades later.
It has been widely reported that the removal of public funding (legal aid) for most divorce cases, means that many people may choose not to have legal representation when they get a divorce. However this case is a reminder of the importance of obtaining proper advice to ensure that the Court is asked to make an Order affirming any financial agreement and, crucially, dismissing any right to make a financial claim in the future.
To discuss this or any matrimonial matter, contact us.
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