It is indeed a frightening prospect when one severs the ties of matrimonial "bliss" and a decree absolute is granted confirming that one is free to remarry, to then be faced with the prospect of having a former wife pursuing a financial claim in respect of a divorce, which dates back many years. Even more frightening if there is more than one former wife!
In the case of Wyatt and Vince the highest court in the land has
permitted such a claim. The parties were married in December 1981,
they separated in 1984 and divorced in 1992. They had a son and Ms
Wyatt had a daughter from a previous relationship. After the
parties separated Mr Vince pursued a new age travelling lifestyle
for about 8 years. Ms Wyatt brought up the children without any
substantial financial contribution for them from Mr Vince. Ms Wyatt
went on to have two more children with someone else. In the late
1990's Mr Vince's green energy business took off and he
became a multimillionaire. He is the sole shareholder of Ecotricity
Group Limited valued at circa. £57 million. Mr Vince has
remarried. He, his current wife, small son and the son born of Ms
Wyatt all live in a Georgian hill fort overlooking Stroud.
The question has to be asked as to how marital cohabitation that
subsisted for just over two years can have created an uncertain
shadow over the life of Mr Vince for approximately 31 years since
the date of his separation in 1984. Was this a case of ignorance or
was it a case of him hoping or gambling on Ms Wyatt never knocking
on his door?
The Supreme Court decided that Ms Wyatt can bring a financial
application which is legally recognisable and not an abuse of
process. This judgment does not encompass inquiry into the
existence or otherwise of a real prospect of success on the part of
Ms Wyatt's financial claim. She still has the difficulty of
persuading a lower court that a financial order should be made in
her favour. The court will take into account all factors including
the short duration of the marriage, the long delay and whether her
financial needs were generated by her relationship with Mr Vince.
She will no doubt advocate that she has made a greater contribution
towards the bringing up of the children (the daughter born of her
previous relationship being considered as a child of the family)
than Mr Vince. I would imagine that her claim generally will be
negotiated or ordered in a sum substantially less than the
£1.9 million she seeks, but only time will tell.
The apercu is to not be "penny wise and pound foolish"
and to ensure the more expensive and time consuming part of this
experience is attended to expeditiously and
inexpensively.
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