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

Putting people first: Rethinking approaches to people management 031225 John Mackey 6

Putting people first: Rethinking approaches to people management

07 Aug 2026

2

Former regional journalist joins Freshfield PR team George Hodgson

Former regional journalist joins Freshfield PR team

07 Aug 2026

3

Plans unveiled for £30m transformation of country estate Gisburne Estate

Plans unveiled for £30m transformation of country estate

07 Aug 2026

4

Fast-growing competition firm hires compliance expert Elite

Fast-growing competition firm hires compliance expert

07 Aug 2026

5

Lucky 13 for James Hall & Co in Great Taste Awards Great Taste Awards 2026 - James Hall & Co. Ltd.jpg.jpg

Lucky 13 for James Hall & Co in Great Taste Awards

06 Aug 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Morecambe Bay Walk
Morecambe-25-web-gallery4.jpg.jpg 08 Aug 2026

Morecambe Bay Walk

Arnside, Carnforth, LA5 0HD

13:00 - 18:00

The Ultimate Network
Lancaster And Morecambe Logo 13 Aug 2026

The Ultimate Network

Garner Hotel , Preston, PR5 0UL

16:00 - 18:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin