Barred from financial claims?

Posted 30th April 2015

Written by Emma Hartley

A recent case in the Supreme Court has seen a wife, who had divorced from her husband almost 20 years ago, being allowed to proceed with a financial claim. 

This case has caused a stir within the legal community as well as with members of the public.

In all separation matters if a married couple decide to proceed with a divorce they will need to consider financial matters ancillary to that divorce.  In most cases a financial order, whether by agreement between the parties or made by the Court, will provide for clean break which will ensure that neither party can make a claim against the other in the future whether in life or upon death.

In cases where couples deal with the divorce themselves or have limited funding, they may decide against dealing with finances formally.  As this recent case has shown it is extremely important that financial matters are considered at the same time as the divorce.  Some parties mistakenly believe that upon receipt of their divorce document, the Decree Absolute, that the matter is concluded without the need for further Orders and documents.

It is important to know that in family law, there is no time limit to prevent a financial claim from being made if no order was made at the time of the divorce.

It is vital that any divorcees who do not have financial orders in place review their situation as they may now face claims based on assets and capital acquired after the divorce.  Any consideration of the claim will be based on up to date law as opposed to law available at the time of the divorce.

A solicitor can offer you advice in relation to the above and draft the necessary clean break financial document or discuss appropriate financial proposals to make in line with current law.

If you wish to discuss these or any other family law issues, please contact Emma Hartley of Newtons Solicitors.  Emma offers a first class approach to what can be a difficult and upsetting time.