Nailing
down agreements on divorce
A
Supreme Court ruling will allow a former wife to make a claim for a share of
the fortune amassed by her husband 30 years after they parted, as no binding consent
order was made when they divorced.
Kathleen Wyatt has
been granted permission to lodge a belated claim against multi-millionaire Dale
Vince, who made his fortune through a green energy company founded in the 1990s,
which is said to be worth £57m.
The couple met and
married in 1981 and had a child in 1983, separating just one year later. The wife
became a full time single parent with little income, and had
little contact with her ex-husband.
There is no time
limit in the UK within which a spouse must seek an order for financial
provision following a divorce and in 2011 the wife put forward an application. This was dismissed by the Court of Appeal and
the application was taken to the Supreme Court to decide whether due
consideration had been given to section 25 of the Matrimonial Causes Act 1973.
Having given Ms
Wyatt permission to apply, it will be up to the trial judge when the case is
heard as to whether any financial order is made. The wife could argue that she
cared for the child leaving her ex-husband free to succeed in his business.
Family law expert Angharad Mullarkey of our Abergele office explains: “It
is certainly unusual to hear of a claim being made after all this time but
without a consent order in place, the opportunity remains open.
“More people are
thinking about pre or post nuptial agreements, following media coverage of high
profile cases where these have been involved, such as German heiress Katrin
Radmacher. Certainly they are a sensible
option for anyone getting married, but they are for use at the start of the
relationship to set out what you wish to have happen if things go wrong. They are
not legally binding in the UK, but will be a persuasive factor if both parties
received independent legal advice at the time.
“What’s involved
here is the way in which a divorce is finalised. Once you’ve reached agreement,
you can get the court to make it legally binding, by applying for what is known
as a consent order and that’s what
was missing in this case.”
A consent order confirms
what has been agreed and can include details on how assets will be divided,
including cash, property, pension funds and other investments, and can also
include arrangements for maintenance payments, including child maintenance. Both parties have to agree and sign the draft
consent order and a judge will consider the terms to see if they appear fair
and reasonable, and if so will approve the agreement to make it legally binding.
Going through the process of
obtaining a consent order should mean that both parties come out with a fair
settlement and there will be no surprises some years down the line.
WYATT V VINCE [2015] UKSC 14
This
is not legal advice; it is intended to provide information of general interest
about current legal issues.
