A woman has won a landmark Court bid to claim cash from her millionaire ex-husband more than 30 years after their marriage broke down – and the ruling could have major implications for all divorcing couples.
Kathleen Wyatt first took legal action against Dale Vince, founder of wind-power firm Ecotricity, in 2011.
The couple met in 1981, when she was 21 and he was 19, and married later that year. They had a son and lived a New Age traveller lifestyle before their divorce, the Court heard.
Mr Vince set up his company, Ecotricity, in 1995 after the pair had split. He is now worth an estimated £107m.
Mr Vince had fought to have the case thrown out on the basis his ex-wife had lodged the claim too late. But five Supreme Court justices unanimously ruled Ms Wyatt's case should go before the family Court.
Delivering the ruling, Lord Wilson said Ms Wyatt had raised her son through "16 years of real hardship". He said the Court must have regard "to the contribution of each party to the welfare of the family, including by looking after the home or caring for the family".
Ms Wyatt’s claim was said to be "legally recognisable" and not an "abuse of process", he said, although the £1.9m payout she had hoped to secure was too high an amount.
As a result of this case, we will place added emphasis on the importance of entering into a Consent Order.
This document sets out the terms of a financial settlement, reached between parties either by agreement, or as a result of formal Court proceedings.
Even in a situation where parties may have no assets to divide, a 'Clean Break' Consent Decree Order will serve to protect an individual from a potential future claim by an ex-spouse when assets and wealth may have accrued years later.
