Court backs ex-wife over divorce cash

Written By Unknown on Rabu, 11 Maret 2015 | 19.12

11 March 2015 Last updated at 11:46

A woman has won a landmark Supreme Court bid to claim cash from her millionaire ex-husband 20 years after they divorced.

Kathleen Wyatt, 55, first took legal action against Dale Vince, 53, founder of wind-power firm Ecotricity, in 2011.

Mr Vince had previously appealed against his ex-wife on the basis she 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 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".

'Open season' fear

The pair had a son, Dane, and lived a New Age traveller lifestyle before their eventual divorce, the court heard.

Lord Wilson said Ms Wyatt had raised her son through "sixteen years of real hardship".

Her claim was "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.

"It is obvious, even at this stage, that an award approaching that size is out of the question," he said.

Analysis by Clive Coleman, BBC legal affairs correspondent

This is a striking ruling that underlines the fact there is no time limit for ex-spouses to apply to a court for a financial settlement following a divorce - however weak their claim may be.

Whereas there are strict time limits in other claims, such as those for breach of contract or personal injury, these claims can clearly be made decades after the divorce itself.

The judgment is also a timely reminder that divorcing couples who want protection from such claims, even if they have no money at all, should obtain an order from the court at the time of the divorce, in which they both agree that there will be no further financial claims.

That is the only way to guarantee that, if one of them goes on to make a fortune, they get to keep it.

"Her claim may even be dismissed.

"But there is, in our opinion, a real prospect that she will secure a comparatively modest award, perhaps of a size which would enable her to purchase a somewhat more comfortable, mortgage-free home."

In a statement, Mr Vince branded the court's decision "mad".

"I feel that we all have a right to move on, and not be looking over our shoulders," he said.

"This could signal open season for people who had brief relationships a quarter of a century ago."

Mr Vince said the time gap was "extremely prejudicial" and the fact there was "no paperwork in existence" had enabled the claim.

It was "hard to defend yourself" under such circumstances, he said.

Mr Vince and Ms Wyatt had met as students in their early 20s and married in 1981.

Ms Wyatt lived on benefits, while Mr Vince lived in an old ambulance before he launched green energy firm Ecotricity in Stroud, Gloucestershire in 1995.

He started the business using a wind turbine he had made from recycled materials to power his caravan.

He is now worth an estimated £107m and has an OBE.

Ms Wyatt lodged her first claim for "financial remedy" in 2011.

Outside court, Ms Wyatt's lawyer Barbara Reeves said her client had been through a "very difficult time" and was pleased the High Court will now be able to consider her claim.

"She looks forward to concluding the litigation as quickly as possible," she said.


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