An ex-wife has been given permission by the Supreme Court to apply to court for a lump sum from her ex. The background to this case is that the ex-wife, Kathleen Wyatt, was married to Dale Vince in the 1980s (they separated in 1984 but didn’t get divorced until 1992).
If there had been evidence that they’d agreed how to divide their finances at the time and had agreed not to make any further claim against each other, Kathleen Wyatt wouldn’t have been able to go to court. The main reason is that Ms Wyatt brought up their son for 16 years in very difficult financial circumstances with very little support from her ex husband.
She also says (although Dale Vince disputes this) that she either applied or started university courses three times but was unable to keep up her studies because she had to look after her children.
This doesn’t automatically happen, but solicitors would generally draw one up.
If you use an online divorce lawyer, they may offer a consent order as a separate service.
Reading the ruling, the reason it seems that the five Supreme Court justices say that Kathleen Wyatt should not have her application for a sum of money via the courts ‘struck out’ is that: SAVVY TIP: Normally, in England or Wales, when a couple gets divorced, a ‘consent order’ or court order is drawn up.
A consent order turns what’s been agreed between a couple into a legally binding agreement. These should include a ‘clean break’ clause which says that what’s been agreed or ordered by the court is a final settlement and one or other partner can’t then go back years later and make another claim for more money.
David Allison, Savvy Woman’s divorce expert and a partner at law firm Family Law in Partnership said that the ruling was less significant than media coverage might lead you to believe.
“It’s the law as we always knew it to be, which says that until there’s a clean break in place and there’s a document saying couples can no longer bring a claim against each other, you have the right to do this.
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It just means she has permission to apply to the court for a lump sum. This ruling from the Supreme Court only gives Kathleen Wyatt permission to go to court to ask for money from her ex husband Dale Vince.