header-logo header-logo

Family finances: a delayed reaction

11 July 2019 / David Burrows
Issue: 7848 / Categories: Features , Family , Divorce
printer mail-detail

How long can a spouse or civil partner wait to take financial proceedings? David Burrows sifts the evidence

  • Does delay in issue of financial relief proceedings have any effect on the outcome of any later claim?
  • Does it make any difference if a couple had an agreement at the time of their much earlier separation?
  • Can either spouse apply to strike out a delayed claim?

How many cases are there in existence where a couple with (say) two dependent children (in this case, eight and ten) separate after a thirteen-year marriage? They agree that the wife (Anne) will look after the children. She will keep the house (subject to the outstanding mortgage) and will pay the mortgage. She will make no claim on her former husband (Brian) for child support maintenance (or ‘periodical payments’ under Matrimonial Causes Act 1973 (MCA 1973) s 23) for the children.

The couple take no formal legal advice on this arrangement. They do nothing to confirm their agreement in a court order following their

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll