Over a decade on: why Wyatt v Vince still matters for divorcing couples

More than ten years have passed since the Supreme Court’s landmark judgment in Wyatt v Vince [2015] UKSC 14 (delivered on 11 March 2015 after the final hearing in December 2014). Yet the warning it gave remains just as relevant today: if you separate, do not delay dealing with your finances.

When a marriage ends, many couples understandably focus on the emotional and practical upheaval: moving out, organising care for children, or adjusting to new routines. But unless financial claims are formally resolved through a court order, those claims remain open indefinitely. The Wyatt v Vince case remains the clearest reminder of how costly that delay can become.

The case that changed everything

Kathleen Wyatt and Dale Vince married in 1981, separated in the mid-1980s, and divorced in 1992. At the time, they had very modest means. Years later, Mr Vince went on to found the green-energy company Ecotricity, becoming a multi-millionaire.

In 2011, nearly two decades after the divorce, Ms Wyatt brought a financial claim under the Matrimonial Causes Act 1973. Although she had made no contribution to Mr Vince’s post-separation wealth, her claim was technically still “alive” because no financial order had ever been made when they divorced.

The Supreme Court allowed her to pursue the claim, emphasising that there is no limitation period for financial applications following divorce unless a clean-break order has been made. The claim ultimately settled for £300,000, on the basis of her needs. The award was modest compared with Mr Vince’s wealth, but a costly lesson in the risks of leaving financial matters unresolved.

Why timing matters

A divorce does not automatically end financial ties between former spouses.

Without a final financial order, whether by consent or by order of the court, either party can, in principle, make a claim years or even decades later.

The longer financial matters remain open, the harder it becomes to trace assets, reconstruct disclosure, or achieve a fair outcome. It can also expose one party’s future wealth, inheritance, or business growth to challenge long after the relationship ended.

The modern approach

Family courts and practitioners now stress the importance of resolving financial issues alongside the divorce process. Since the introduction of the no-fault divorce system in 2022, there has been a greater emphasis on transparency, efficiency, and closure.

Finalising finances early ensures:

• Certainty – both parties know their financial position and obligations.
• Protection – new assets or inheritances cannot later be brought into dispute.
• Efficiency – disclosure and valuations are current, saving time and costs.
• Peace of mind – there is no lingering risk of future litigation.

Even if you and your spouse agree everything amicably, it is vital that the terms are recorded in a legally binding consent order approved by the Family Court. Without court approval, informal agreements have no legal effect and cannot prevent future claims.

A practical takeaway

Whether you separated last month or several years ago, it is never too late to seek advice about finalising financial arrangements.

If you are newly separated, deal with finances now, before lives, assets, and circumstances diverge. If you divorced years ago without a financial order, take advice urgently. As Wyatt v Vince demonstrated, financial claims do not expire with time, and leaving them unresolved can have serious and lasting consequences.

If you have questions or concerns about your finances in divorce, please contact Grainne Fahy and Yasmin Khan-Gunns.