settlement

Court reject claim for financial settlement 27 years after separation

In the recently reported case of  A v B (No 2) [2018], the court concluded that a former husband, who brought an application for financial remedy 26 years after the grant of decree nisi, did not merit any financial provision. The parties had met in 1980 and married in 1983, later having two children in 1986 and 1989.  The marriage broke down in 1991 and divorce proceedings followed shortly thereafter. Although no copy of the petition could be found after the passage of time, the court acknowledged that the decree nisi was pronounced in 1992.

Unsurprisingly, given the time that had elapsed since separation, there were several areas for factual dispute between the parties, relating to the valuation of assets and the payments and transfer that had been between one another post-separation, including a complicated living arrangement for the husband and his new partner (latterly wife) to reside in a property owned by the wife in this case and her own partner.

Given the passage of time that had elapsed, the court rightly applied the guidance of Wyatt v Vince [2015] in considering how best to proceed.  The husband’s main line of argument was that irrespective of the fact his application was made 27 years or so after separation, his application for financial remedy was based on need and should therefore succeed. However, the judge dismissed the husband’s application, concluding that the case circumstances did not warrant any financial provision for him.

The court found that the parties had reached an informal agreement concerning financial settlement around 1992-1994, with the husband receiving substantial financial support from his then wife since that time, with each party being satisfied with those financial arrangements, which the court felt was fair in all the circumstances. The court felt this settlement was a satisfactory resolution of the financial arrangements arising from the marriage.

Serving  London, Bedford and the surrounding northern villages, our lawyers can help you with all your family law and separation matters.  If you want to speak to one of our specialist solicitors about your matrimonial finances or available orders, contact us on 01234 889777 or 0207 177 9777 and speak with us today.

Leave a Reply