Financial Claims on Divorce-Delay at your Peril

A common misconception is that when a Decree Absolute on divorce is granted, financial claims are also dismissed.

This is incorrect.

 Financial claims need to be dealt with separate to the Divorce. Obtaining a Decree Absolute does not prevent your former spouse from making a claim for financial relief, in some cases 20 years after the Divorce.

Our article “Ex-wife receives £300k settlement 20 years after divorce!” (13.6.16) - illustrated the risks.

The Family Court have once again reaffirmed that there is no time limit on pursuing a financial application after Divorce. The wife in Waudby v Aldhouse (formerly Waudby) applied for financial relief in 2014 after her divorce was granted in 1995.

She was initially awarded a £10,000 lump sum and maintenance for the remainder of her life (also known as “joint lives”) of £9,567 p/a.  

On appeal the Court overturned the award and dismissed both parties’ claims.

The husband in this case was fortunate that the court felt the delay, based on the facts, was prejudicial and would not justify the wife receiving maintenance.  That said his legal fees would surely have been substantial.

The appeal court stressed once again that delay was not a bar to making an application.

Guidance?

Associate Solicitor Mark Vandaele comments: “Always deal with financial issues at the same time as going through Divorce proceeding. The recent cases make clear the risks of delay.” The family law team at George Green are specialists in financial matters on divorce.

It is usually possible to resolve financial matters without the need to apply to the court. If an agreement can be reached this can be incorporated into a carefully drafted Consent Order and sent to the court for approval.

If no agreement can be reached then an application can be made to the court. That must be preferable to leaving matters unresolved?

If you wish to discuss your matter feel free to contact Mark Vandaele on 01902 796930 Mvandaele@georgegreen.co.uk.