Thursday, 12 March 2015

Media Melt-Down



There’s nothing better than a good divorce story (except perhaps a fracas over the lack of a hot dinner) to put the media into melt-down. Yesterday was one of those days when the Supreme Court confirmed that Kath Wyatt is properly entitled to pursue a claim for financial provision against her ex-husband, Dale Vince, notwithstanding the fact that they are reported to have separated and then divorced some 30 and 23 years ago respectively.

Despite speculation in the press, she is, of course, unlikely to receive a substantial share of the millions, all accumulated by Mr Vince since their separation and, therefore, falling outside of the definition of matrimonial assets.

The case, however, serves as a salutary reminder of the importance of dealing with financial issues at the time of a divorce. Even when matters are amicable and a couple agrees that there are to be no further claims by either of them against the other, a consent order dismissing those claims is needed. I have known clients who have baulked at the additional cost of obtaining such but, as I have inevitably explained, it is like paying for an insurance policy. In so many cases the risk can even lie in the potential cost and aggravation of a subsequent claim rather than the outcome; far better, therefore, to tie up all loose ends and close the door with a clean break order where possible.

Of course, and as a result of this case, there may be some who will now potentially hedge their bets and prefer to leave the door ajar, ready to be pushed open should their ex ever reap a fortune. Woe betides them, however, if lady luck turns and it is they rather than their former half who accumulates that pot of gold.


3 comments:

David Slpekow said...

Excellent divorce blog. It is interesting that someone could get a divorce financial settlement 30 years after separation!

Kristopher Miller said...

Excellent observations here. The importance of transparency in the divorce process cannot be overstated. It may hurt to pull the band-aid off, but it must be done.

Robbie said...

As long as both parties agreed with all the legal proceedings then there will be fair judgement in obtaining the divorce, The most important thing is both parties maintain its good relationship for the betterment of themselves with out guilt or resentment. family law attorney denver