Yes; for example, see the Supreme Court case Wyatt v Vince (2015).
Dale Vince, the New Age Traveller, who 30 years after separating from his wife set up his wind turbine electricity business, Ecotricity, and became a multimillionaire.
Why is it Landmark?
This case underscores the crucial need to resolve financial matters in divorce, even when assets are minimal. Without a ‘clean break’ order, ex-spouses may bring claims years later.
The facts
Kathleen Wyatt and Dale Vince married in 1981, separated in 1984, and divorced in 1992. It’s unclear if finances were settled; the Court of Appeal and Supreme Court agreed no order was made. Wyatt raised their son until 2001 and went on to have two more children. Decades after separation, Vince became wealthy through his wind turbine business.
The Application
In 2011, Wyatt sought financial remedy, while Vince moved to strike out her claim. The High Court supported Wyatt, awarding interim maintenance, but the Court of Appeal reversed this. Wyatt then appealed to the Supreme Court.
The Judgment
The Supreme Court unanimously ruled that Wyatt’s claim should be fully considered. The judgment clarified that financial remedy applications should be assessed by considering all circumstances, not just prospects of success.
The case settled for £500,000.
Lessons to be learned
Wyatt v Vince highlights the necessity of securing financial orders during divorce to prevent future claims.
