Lawyers welcomed a unanimous Supreme Court decision to grant a wife permission to seek financial provision from the husband she divorced 22 years ago when he was penniless.
Wyatt v Vince [2015] UKSC 14 concerned an unusual set of circumstances. Ms Wyatt separated from Mr Vince in 1984 and divorced him in 1992 when he was a new age traveller living in a disused ambulance. She brought up their children in straitened circumstances but Mr Vince went on to develop a successful windmill business and is now a multi-millionaire.
Michael Gouriet, partner in Withers' family law team, says: “The extraordinary circumstances of this case make it an extremely rare beast and, as such, it will not open the floodgates on historic claims being reopened and appealed.
“The judgment merely stresses that Ms Wyatt is entitled to be heard and the key resulting question is whether she will now get any retrospective award in recognition of her contribution for raising their son. The judgment warns of the 'formidable difficulties' she faces in this regard, but the hint at fairness indicates that she may not leave empty-handed.”
Deborah Jeff, partner and head of family at Seddons, says: “This decision brings some helpful clarity to interpretation of matrimonial law regarding the factors that are taken into account when deciding a financial settlement.
“Whilst at first glance Ms Wyatt’s claim appears to be unreasonable and out of time, further analysis of the case reveals her ongoing contribution to the family by caring for the parties’ son post-separation. It was during such time that Mr Vince began building his business empire and in the eyes of the law contributions of both a financial and non-financial nature are equally valuable.
“It has been the passage of time before making such claim against Mr Vince that most lawyers struggle with in justifying the wife’s application. However, this ruling appears to suggest that the number of years that have elapsed is just another factor that must be taken into account in determining the wife’s claim and indeed all such factors must be considered under s 25 of the Matrimonial Causes Act 1973. It certainly doesn’t time-bar the application.
“Whilst it may be seen to open the floodgates to other former spouses in similar circumstances, the final determination of the wife’s claim by a High Court judge will no doubt give further guidance to applications in similar circumstances.”
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