Landmark ruling may open floodgates to historical financial claims decades post-divorce

By Linder Myers

23 Mar 2015

The Supreme Court has recently allowed an appeal which could make a lot of divorcees very nervous about their financial position, even if their divorce was finalised decades previously.

By Sarah McCarthy, Linder Myers.

The highest court in England and Wales ruled in March 2015 that a former wife could bring a claim for financial provision against her ex-husband despite the couple having been divorced some 20 years earlier.

The couple, who were new age travellers during their marriage, had divorced without securing an order from the court stating that neither party could make a financial claim against the other in the future.

The couple had little assets at the time but the husband went on to become a multi-millionaire with an estimated wealth into the tens of millions of pounds.

The judgement is likely to affect a significant number of couples who perhaps did not consider this important at the time of their divorce as they may have been very young at the time and in the early stages of their careers which later proved to be financially lucrative, or those who had not envisaged having any future wealth at the time of their marriage breakdown.

The Supreme Court ruling has increased public awareness that, unlike many other legal claims, there is currently no limit to making a financial claim against an ex husband or wife post-divorce if a full and final financial settlement with provisions for future wealth has not been agreed at the time of their divorce.

The implications for a potential floodgate of historical financial claims now being brought is eye watering and couples who may be vulnerable are advised to check that they have correctly addressed a full and final financial settlement with their ex- partner.

The number of divorcees who don’t have the benefit of a court order confirming how their financial assets were divided at the time of divorce, and providing for a financial ‘clean break’, is likely to increase given the growing number of individuals who are now representing themselves in divorce proceedings in the mistaken belief that a decree absolute means the end of the matter.

In a contradictory ruling, made in the Court of Appeal just three weeks prior to this case, a judge ruled that the ex-wife of a millionaire racehorse surgeon was not entitled to lifetime maintenance from her ex-husband following an 11 year marriage.

Both cases send a clear message to divorcing couples – make the appropriate financial provisions when your marriage breaks down both for now, and the future.

A decree absolute brings an end to a marriage, not the end of financial claims which can come back to haunt individuals long after they have moved on to pastures new, and maybe to new relationships. This can be in the form of applications for the sale or transfer of a property, lump sum claims and pension sharing orders and can have devastating effects.

Divorcing couples also need to be aware that if a consent order is not made dismissing any future financial claims being made against them, and their ex-partner subsequently decides to pursue this at a later date, the courts will look at the value of their assets at the time of the claim and not the value of their assets at the time of divorce. At the time of writing, the court hadn’t gone as far as to say how much the former wife of the multi-millionaire will be entitled to, but it certainly has a significant ‘nuisance value’.

Enjoyed this? Read more from Linder Myers

Latest news

1

New India branch campus on the horizon for Lancaster University Keir Starmer meets Indian PM and included Prof Simon Guy Lancaster University. Pic Simon Dawson

New India branch campus on the horizon for Lancaster University

09 Oct 2025

2

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026 Best Events and Talented students on Lancashire Tourism Awards finalist list

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026

09 Oct 2025

3

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards Andrew Dewhurst with the award win

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards

09 Oct 2025

4

PHX Training appoints new business leader in Blackpool Jason Davenport PHX Training

PHX Training appoints new business leader in Blackpool

09 Oct 2025

5

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin