Until Death Us Do Part

TIL DEATH US DO PART …

 OR A CLEAN BREAK FINANCIAL SETTLEMENT …

BUT NOT DECREE ABSOLUTE

 The tale of Dale Vince ought to be a salutary reminder to everyone that when divorcing it is important to secure (and retain) a Financial Remedy Order, if possible, on the basis of a clean break.

The Supreme Court has recently given Mr Vince’s former wife (after some 23 years) permission to pursue a financial remedy claim. The Supreme Court have held that delay in bringing a claim is not a bar and that any claim will be dealt with (in the usual way) in accordance with Section 25 of the Matrimonial Causes Act 1973.

Those factors include the welfare of any minor children, income, earning capacity, property and financial resources, needs, obligations and responsibilities, the standard of living enjoyed prior to the breakdown of the marriage, ages of the parties and duration of the marriage, any disabilities, contributions and, if inequitable to ignore it, conduct.

This case reinforces the view that at the time of the divorce a Financial Remedy Order should be obtained. Mr Vince additionally alleged that there was an agreement, but no-one was able to locate any evidence of it so the second point to remember is to keep your agreement documents safe!

Please contact any member of our Family Team for advice and assistance.