In recent weeks, a judge has ruled that a woman’s claim for a large payout from her former husband, more than two decades after their divorce, should be dismissed. This decision shines a spotlight on an important feature of family law, namely that unless you resolve all financial matters at the time of your divorce, claims, sometimes for substantial sums, may surface many years later.
In this article, we look at why this happened, what went wrong in the failed claim, and what lessons there are for anyone going through divorce today.
The background: Post-divorce claims are still possible
Finalising a divorce does not automatically end all financial liability between former spouses. In England and Wales, provided there has been no final financial agreement via a court-approved clean break order, an ex-spouse may still bring a later claim for financial provision or property adjustment.
This was at the heart of the earlier high-profile case of Wyatt v Vince in 2015, where the ex-wife lodged a claim nearly 20 years after their divorce. The assets at the time of divorce had been negligible, but over time the ex-husband had become extraordinarily wealthy.
The Supreme Court ruled there is no statutory time limit on claims for financial provision following divorce, which arguably opened the door to the possibility that an ex-spouse might return decades later, once significant wealth had accrued. That said, the court also emphasised that delay, changed circumstances, and the nature of the marriage itself all matter heavily.
What went wrong — and why the latest claim failed
A common mistake people make is relying on non-specialists such as family members, friends, or well-meaning but unqualified advisors, instead of obtaining proper legal advice. If those advisers tell you something along the lines of “once divorced, it’s over” and you sign nothing else, you may leave a door open for future claims.
In the recent failed claim, the ex-wife had pursued a large demand in the region of £10 million on the basis that her ex-husband had done well financially since their divorce. But without a proper court order or completed agreement that sealed their financial separation, the claim remained legally open.
Relying on informal understandings or verbal assurances, especially from someone without legal training, is a major risk. That kind of approach rarely gives the certainty that a properly drafted, court-approved financial order provides.
Delay can be fatal
Even though there is technically no time limit on making a claim, delay still counts for a lot. In reviewing such applications, the court will look at how long after the divorce the claim was brought and why.
In the recent case, the judge noted that the woman’s application came more than 20 years after the divorce with no compelling or acceptable explanation as to why she had not brought the claim earlier. That alone weighed heavily against her.
In addition, the length of the original marriage, their living standard during it, and the fact that the vast majority of the ex-husband’s wealth was accumulated years later, also worked against her.
Changed circumstances and fairness
Another reason the court dismissed the claim was that, over time, the ex-husband may have arranged his affairs in the belief there was no further financial liability. After 20 years, memories fade, evidence becomes harder to gather, and it may be unfair to disrupt the arrangement.
The court will weigh whether an award would be fair in all the circumstances — not just the claimant’s needs or the other party’s wealth. In the recent case, the judge concluded that the claim should be thrown out entirely.
Putting all that together, here is a summary of why the ex-wife’s case failed:
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There was a very long delay, over 20 years, with no satisfactory explanation of why the claim had not been brought earlier.
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The marriage itself had been short, and at the time of separation and divorce neither party had significant assets or income; the ex-husband only became wealthy years later, well after the relationship ended.
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The ex-wife had failed to obtain a binding financial order or consent order at the time of divorce, leaving the door legally open, but only in theory. In practice, the court judged it unreasonable to allow such a late, large claim.
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The court judged the claim to be disproportionate and unfair, given the time elapsed, changed circumstances, and the difficulties (for the ex-husband) of reconstructing what had been decided at the time of the divorce.
What this means for anyone considering divorce
- Get proper legal advice: If you are ending your marriage, it is vital to seek independent legal advice from a qualified family solicitor. Verbal promises, written notes between spouses, or the advice of someone who is not legally trained can leave you exposed. A legally drawn-up, court-approved financial order is often the only way to ensure that financial ties are finally severed.
- Finalise everything at the time: If both parties have little or no wealth at the time of divorce, it can be tempting to skip the expense of a formal financial order. But the case of long-delayed claims shows exactly why doing so can backfire, even decades later.
- There is no statute of limitations on financial claims: As confirmed by the Supreme Court in 2015, it is possible to bring a claim many years after divorce, even if the marriage ended decades ago. But the longer the delay, the harder it becomes to succeed.
- If circumstances change drastically, it may revive possibilities: If after divorce one party becomes wealthy, while the other remains financially vulnerable, courts may, in theory, still consider that fairness warrants some financial provision or adjustment. But even then, you should expect the court to look closely at when the wealth was created, how, and whether there was a real link between the earlier marriage and the need for support now.
- Expect rigorous scrutiny: Even when a claim gets past the early stage, the court has wide discretion under the relevant legislation to weigh fairness, contributions, delay, and changed needs. As such, awards, if any, are likely to be modest and carefully calculated.
If there is one overriding message from this latest ruling, it is this: while the law allows for delayed financial claims, success after decades is by no means guaranteed. Courts take a robust view where there has been delay, changed circumstances, or no formal agreement in place.
If you are divorcing now, or have in the past but did not sort out finances properly, don’t rely on vague memories, informal promises or trusted but unqualified advice. Getting appropriate legal advice and obtaining a proper, court-approved financial order, even if you think you have nothing to divide, can save years of uncertainty, stress, and potentially expensive litigation further down the line.
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