A decision by the Supreme Court could have dramatic implications in the way lawyers advise clients who have ex-partners who's financial circumstances have improved since their original split.
The court ruled that the Ex- wife of Ecotricity's founder could claim against her former husband 23 years after their divorce. Additionally he is also required to pay her solicitors fees.
The case offers relevency for those who have divorced but not established a "financial order". The current question being asked is whether this case will generate a flood of historic cases being reopened by Ex-spouses.
A spokesman for a leading family law team commented, "While any good divorce lawyer should ensure that all financial matters are finalised and immune to future claims, it is crucial that any divorcees who don't have financial orders in place review their situation as they may now face claims based on wealth acquired after the divorce.'
As background to the matter, Dale Vince and Kathleen Wyatt married in 1981 whilst they were both penniless "travellers". They latterly divorced in 1992.
Subsequently Mr Vince founded Ecotricity in 1995 and his company has grown to become one of the UK's largest "green energy" companies. Mr Vince is said to have a personal fortune of £107m.
The former Mrs Vince took matters to court, 22 years after they divorced, with a request for £2 million. Subsequently the High Court ruled that her claim should be considered. This was then overturned by the Court of Appeal on the basis of the argument that the claim had been lodged "too late".
Unfortunately for Mr Vince the Supreme Court decided there wasn't a time limitation on a claim being made against Mr Vince's assets. Additionally Mr Vince has also been ordered to fund Kathleen's action.
If you are considering a divorce and require legal advice our Wilmslow Divorce solicitors can be contacted on 01625 522 429.
Richardson Law
Wilmslow Divorce Solicitors