In the recent landmark case of Wyatt v Vince [2015] UKSC 14 the Supreme Court has allowed the Wife’s appeal against the strike-out of her application for a financial remedy (issued some 18 years after the parties divorce).

 

Whilst the wife’s application can now proceed, as indicated by Lord Wilson, her application faces formidable difficulties for the following reasons:

 

The marital cohabitation subsisted for scarcely more than two years.

It broke down 31 years ago.

The standard of living enjoyed by the parties prior to the breakdown could not have been lower.

The husband did not begin to create his current wealth until 13 years after the breakdown.

The wife made no contribution, direct or indirect, to its creation.

Thus, whilst unlikely to succeed, the wife’s application will be heard, serving to highlight the need for parties to resolve matters at an early stage upon divorce.

 

In the event that you require advice in relation to financial matters following a divorce, please contact our family team on 01656 645525 or at family@berrysmith.com.