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.