12 March, 2015
Family Law experts Forbes Solicitors are advising people to consider a 'clean break' arrangement or obtain an order dealing with financial matters after divorcing following a landmark case.
The Supreme Court ruled that the ex-wife of the Ecotricity founder, Dale Vince, could proceed with a claim against her former husband even though it is more than 20 years since they divorced. He is also required to pay her legal costs.
Family Solicitor Rubina Vohra comments, "The lesson to be learnt is that the financial position of the couple must always be finalised at the time of the divorce. Even if couples don't think their assets merit the court proceedings necessary to do this, you can't be sure what the future may hold, as this case demonstrates. If Courts are willing to look at claims relating to a divorce over 20 years on I would urge all divorcees to protect their position and record any agreements made."
The objective of the clean break is to settle once and for all the parties' financial responsibility towards each other. It concludes and finalises all of their financial inter-dependence to enable them to leave their past behind and begin again - enabling a clean break.
The clean break is always considered when the court are asked to determine a financial settlement and the court must consider all the statutory factors in deciding whether it is appropriate on the facts of the particular case.