A woman is making a divorce claim against her former husband almost 20 years after their divorce.
Kathleen Wyatt has won a landmark case in the UK Supreme Court that granted her the right to take her ex-husband to court, despite an appeal from Mr Vince that the legal action had been taken too late.
Although 18 years had passed, and Mr Vince appealed the decision, the Supreme Court ruled that the case should go to family court.
When delivering the ruling the court stated that they must show regard "to the contribution of each party to the welfare of the family, including by looking after the home or caring for the family".
Right To Take Legal Action
The case highlights the right to take legal action if you have suffered a separation, with Ms Wyatt being able to take legal action despite the divorce occurring years previously.
Her ex-husband Dale Vince is an OBE and the founder of wind-power firm Ecotricity and is believed to be worth around £107 million.
Ms Wyatt stated that she was left to raise her son through 16 years of hardship. The court heard that the claim made by Ms Wyatt was "legally recognisable" and not an "abuse of process". However, when delivering the verdict, Lord Wilson had stated that the £1.9 million payout that Mr Wyatt had attempted to claim for was excessive and “out of the question.”
Time Limit
The case proves that there is no time limit to apply for a financial settlement following a divorce regardless of how weak or small the claim may be. Unlike some claims, such as personal injury or a settlement agreement, there is no time limit when making a claim when getting a divorce.
The case highlights the importance of obtaining an order from the court at the time of the divorce, which states that there will be no further financial claims.This is the only way to ensure that you are financially protected following a separation.
Indeed, there is a substantial chance that Ms Wyatt will be able to receive a small amount of compensation from Mr Vince with the claim being brought forward by Ms Wyatt as a claim for “financial remedy”.
“Hard To Defend.”
Mr Vince branded the decision to reject his appeal as “mad.”
In a statement he said: "I feel that we all have a right to move on, and not be looking over our shoulders.
"This could signal open season for people who had brief relationships a quarter of a century ago."
Mr Vince stated that the act there was "no paperwork in existence" had allowed the claim to be made and that it was “hard to defend” himself under such circumstances.
Contact Us
If you have gone through a divorce and believe you have the right to make a financial claim, or if you wish to ensure that you have taken the necessary steps to ensure no legal action is taken against you following a separation, contact us today using our online contact form.
