20 year old financial relief claim

News - 17/05/2013

It’s 1992, a pair of New Age travellers get divorced. Both were penniless and there was no order made providing for financial relief for each other or the couple’s children. Neither was there an order creating a clean break between them.

Twenty years later, the ex-husband had built a ‘green energy’ business with more than 70,000 customers.

The ex-wife started proceedings against him for financial orders, arguing that, despite his growing wealth, he failed to provide their children with anything more than pocket money and her claim should be allowed to be heard.

The Court of Appeal ordered that her claim should be struck out although warned that it would very seldom use these powers.

Malcolm Martin, Family Partner based in our Wimbledon office, comments: “It is important to note that a divorce only dissolves the marriage it does not dismiss the financial claims the spouses may have against each other.

This case very much highlights the need for a Consent Order dealing with finances once and for all even of that simply cancels each other’s claims.

Is this case similar to a problem you are dealing with? For information on how Malcolm and the Family team at Morrisons Solicitors can help you email [email protected] or call 020 8971 1030.

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Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.

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