The Supreme Court has given permission to Kathleen Wyatt, a divorced woman, to file a claim seeking a financial order thirty-two years after splitting from her then husband, Dale Vince.
The two met in 1981, aged 21 and 19 respectively, marrying later that year. Ms. Wyatt bore a child from a previous relationship when she met Mr. Vince.
The couple had a son together in 1983 in Norfolk after which they split up. The couple legally divorced in October 1992. Subsequently, Ms. Wyatt had two more children from a later relationship.
Mr. Vince, now a wealthy businessman, started out by experimenting in wind power at Glastonbury, fixing a windmill to a pylon and charged mobile phone batteries. In 1996 Mr. Vince began earning a substantial income after securing a bank loan for a wind turbine at Nympsfield and founded Ecotricity - a green energy company.
Ms. Wyatt, who raised the split couple's only child, currently residing in Monmouth is seeking a financial order of £1.9 million. Mr. Vince resides in Gloucestershire with his second wife. Ecotricity has an estimated worth of £57 million.
The Supreme Court held in a unanimous judgment that the Family Division of the High Court could not strike out any claim without the issues being fully considered.
However, Lord Wilson warned of the "formidable difficulties" Ms. Wyatt faces in successfully seeking a financial order due to the lengthy delay and the fact that the relationship lasted less than three years.
But Lord Wilson observed that Ms. Wyatt may be able to rely on the fact that she play a greater role in raising their only child, justifying the financial order.
While Lord Wilson ruled out the prospect of an award approaching £1.9 million, he warned that it is:
[...] a dangerous fallacy, albeit currently propounded by those who favour reform along the lines of the Divorce (Financial Provision) Bill currently before the House of Lords, that the current law always requires rich men to meet the reasonable needs of their ex-wives.
Ms. Wyatt will now have to seek any financial order in the Family Division of the High Court.
