Yesterday’s decision in the Supreme Court has demonstrated that the importance of agreeing a clean break is vital.
The importance of ensuring a clean settlement is agreed when divorcing was highlighted yesterday following the landmark ruling made in the Supreme Court regarding an ex-wife’s bid to claim cash from her millionaire ex-husband, 20 years after they divorced.
Issues with Open Ended Finances
Richard Scott, a family law solicitor at Howells Solicitors said when commenting on the ruling, “Yesterday’s ruling underlines the importance of ensuring that the finances are not left open ended following a divorce and that a “clean break” settlement which is approved by the court to make it legally binding is always advisable even when the parties think that there is nothing to divide.
“This is to ensure that all future assets, income and pensions are fully protected. This ruling should act as a warning to those who don’t get a clean break settlement at the end of their divorce that it is possible for ex-spouses to seek these remedies when they have fallen on hard times several years down the line.”
This Situation Isn’t an Anomaly
Mr Scott dealt with a similar case a couple of years ago, where he was asked to represent a client who had been separated for a number of years.
Her ex-husband contacted her asking for a divorce so that he could get married again and start his new life. The wife’s financial circumstances had significantly improved since the separation and when this information was disclosed in the court documents the husband threatened to initiate proceedings to make a financial claim against the wife.
Mr Scott was able to successfully negotiate with the ex-husband’s solicitors out of court to agree a settlement on the basis of a “clean break”. In this instance, Mr Scott was able to secure a much better outcome for his client than the ruling the husband received in this landmark ruling handed down by the Supreme Court yesterday.
Get Your Divorce Finalised
When a marriage breaks down it is a stressful and anxious time for both parties. It is important for the parties to seek legal advice as soon as possible.
At Howells Solicitors we have years of experience in dealing with divorce cases. Whatever your circumstances we are able to give you the expert legal advice and clean break you need to protect your assets and get on with the rest of your life.
Give us a call today on 0808 178 2773 or fill out the enquiry form and we’ll get back to you as soon as possible.
