On 14 October 2015 the Supreme Court unanimously ruled in favour of two women, Mrs Sharland and Mrs Gohil, in their quest to overturn the divorce settlements that they had previously accepted on the basis of misleading information.
Mrs Sharland had previously accepted £10 million and Mrs Gohil £270,000 and a car. They both claimed that their husbands had hidden the true extent of their wealth when the deals were made. The Supreme Court in their judgements said that if the parties have not been entirely truthful about their net worth, any terms agreed could potentially be reconsidered and gave permission to the women to go back to the divorce Court to seek a greater share of their ex-husbands wealth.
The judgement is being held as a landmark case and sends out a clear message – dishonesty will not be tolerated.
Both husbands will now face renewed legal battles and no doubt bear the burden of significant additional legal costs.
For free confidential advice about divorce or relationship issues please contact David on 07793 055104 or david@jwlaw.co.uk or Sarah on 0788 7721458 or sarah@jwlaw.co.uk
If you are getting divorced, and you have decided there is no need to obtain a court order in respect of your financial assets, it is time to think again.
The Supreme Court has allowed a wife’s claim for a financial remedy to go ahead, although the couple were divorced 22 years ago (Wyatt v Vince [2015] UKSC 15). Mr Vince and Ms Wyatt married in December 1981, had a son, and Mr Vince treated Ms Wyatt’s daughter as a child of the family. They separated in 1984 and for about 8 years. Mr Vince had a travelling lifestyle and Miss Wyatt brought up the children on her own. The couple were divorced and a decree absolute was made in 1992. There is no evidence that Ms Wyatt’s financial claims were dismissed at the time.
Ms Wyatt went on to have 2 more children, and in the late 1990s Mr Vince’s business took off and he became a multimillionaire. In the Supreme Court, Lord Wilson said that the omission from the Family Procedure rules of power to grant summary judgement was deliberate. Lord Wilson said that Ms Wyatt’s claim should proceed to a short hearing. He also stated that setting her claim of £1.9 million was ill-advised and acknowledged that it might be dismissed, but she might receive a modest award.
The ruling makes it clear that anyone without a completed financial order can bring a claim against their former spouse no matter how long ago they divorced.
It is important to ensure that all financial matters are finalised at the time of a divorce, with a court order. If a court order is not obtained in divorce proceedings future claims can be made in the future for a share of assets obtained after the divorce.
What is clear is that there is no time limit in family law for making a financial order and nothing to prevent a former spouse from making a successful claim.
Sarah and David at Jordan Williams Law Ltd. can give you the legal advice you need regarding financial issues arising out of divorce and separation. You never know what the future may hold, and you may not consider you need a court order now, but here at Jordan Williams law Ltd we strongly recommend that you get your financial order now rather than leaving yourself at risk of a claim in the future.
For free confidential advice about divorce or relationship issues please contact David on 07793 055104 or david@jwlaw.co.uk or Sarah on 0788 7721458 or sarah@jwlaw.co.uk