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Wyatt v Vince – a landmark case

The recent court decision of Wyatt v Vince brings important issues about resolving all financial matters at the time of a divorce into the spotlight.

The background of that application was that nineteen years after their divorce the wife made a claim against her former husband.
In this case, the marriage was a short one. The parties married in the 1980s and separated after only a few years. There were 2 children. The husband’s financial position was significantly improved. The wife’s position was that she should receive a ‘share’ of his wealth as she had brought up the children and sacrificed her ability to earn more due to that care.

This case is significant in that it potentially allows divorced couples who did not resolve the finances by consent order at the time of the divorce to now come back and make an application.

It is also important for couples considering or in the process of divorcing now to ensure that all financial issues are resolved at the same time as the divorce so that they have the certainty of knowing that there will be no future claims.

If you are concerned that this situation may apply to you, or you want to discuss how to avoid this situation, our specialist family law team are here to help.

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