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.
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