Tomorrow will see the conclusion of what could be a ground-breaking case in the Supreme Court

Tomorrow will see the conclusion of what could be a ground-breaking case in the Supreme Court.

The couple separated two decades ago, at which point neither had any money. The husband was living in a vehicle and the wife was left to bring up their child without financial assistance. Shortly afterwards they divorced.

Since then, the now ex-husband, through his own efforts, has built up a massively successful business and become a millionaire many times over. The ex-wife’s fortunes did not improve.

It is reported that the ex-wife chased the ex-husband for financial assistance, including through the Child Maintenance Service (formerly the Child Support Agency) but in fear of what the ex-husband might do to her, she withdrew. Now she is seeking financial assistance through the courts.

The Court of Appeal threw the case out on the basis that the wife’s claim was far too late, however, the case is now before the Supreme Court.

It is very tempting, if people are divorcing and have no money, to assume that a decree absolute of divorce is all that is needed to terminate financial claims against each other. However this is not the case.  Financial termination only comes by a separate court order and if the ex-wife succeeds in her claims, albeit two decades after divorce, this may open the floodgates for other successful, late in the day, claims.

Watch this space…..

Nicola Furmston is a solicitor specialising in the family field at Barker Gotelee, Solicitors in Ipswich.