A ruling handed down by the Supreme Court this week has underlined the fact that there is no time limit for couples who are divorced, from making an application to the Court for a financial settlement – even if their claim is a weak one.
The Court has ruled in favour of Kathleen Wyatt enabling her to pursue a claim for a share of her ex husband’s multi-million pound fortune, which he accrued 20 years post separation. Whilst she is likely to receive only a modest amount when her claim is heard, the Judgment reinforces the importance of divorcing couples securing a Final Financial Order at the time of their divorce, even if there are no assets to distribute. It is the only way to ensure that assets acquired post separation are protected.
This case highlights the difference between civil claims, such as personal injury or breach of contract, where strict time limits apply.
If you are concerned about any issues raised above or indeed about any issues relating to the breakdown of a relationship, please contact Elizabeth Hebden on 01756 700200 or eah@walkerfoster.com
In short yes they are. You and your partner are able to establish in advance how your assets will be shared should you separate or subsequently divorce.
Overstretched family courts are facing huge backlogs, both in terms of dealing with listings and administrative tasks.
Walker Foster Solicitors is supporting Resolution’s Good Divorce Week, highlighting why the Government must support better advice for separating families
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