The Supreme Court has recently determined that following the death of a divorced spouse his ex-wife cannot make financial claims. Although rather unusual on its facts, the outcome leaves Parliament to consider further legislation if needed to change the position.
A divorce took place in 2012 and the ex-wife made a claim for financial relief. The ex-husband was said to have assets of about £7 million although his ex-wife thought that his wealth was far more than this. The ex-wife has also now subsequently died but the Court was required to make a decision when her personal representatives pursued the case further. The appeal was dismissed with the Court identifying a "defect" in the law so that legislation might need to be looked at to avoid unfair outcomes as a result.
Neale Grearson, Head of Clapham & Collinge's Family Department, said "the difficulties around this type of situation were highlighted by the Supreme Court, which has clearly given the message that further legislation to change the situation is needed. Whether new legislation is introduced remains to be seen but in the meantime we have this clarification about the situation to avoid any doubt about this – whether that is fair or unfair".
