Family Solicitors

The Supreme Court has ruled that the ex-wife of a green energy tycoon who divorced him 23 years ago is entitled to claim from the fortune he acquired after their divorce.

The landmark ruling reported in London newspaper the Evening Standard could open the way for more divorced partners to claim from their former spouses, even if their wealth accumulated after the divorce.

Dale Vince, 53, and his former wife Kathleen Wyatt separated in 1984 after two years of marriage. The couple divorced in 1992 and Ms Wyatt was left to bring up their child while penniless and combining part-time work with state benefits. A the age of 18, the couple’s son Dane left his mother’s home In Monmouth to live with his father, who accumulated a fortune worth £110 million as a result of setting up wind farms to supply green energy.

The court heard that during their marriage, the couple had led a “hippy” lifestyle involving travelling in a peace convoy with a New Age community and claiming welfare benefits.

In 2010, Ms Wyatt, 55, sued her former husband for a share of his newly-acquired wealth on the grounds that the divorce had rendered her “destitute” while he went on to establish his business.

The Court of Appeal ruled in 2014 that her claim should be struck out – but the UK’s highest appeal court, the Supreme Court, has now ruled that she can claim against her husband’s wealth, even though it was accumulated after their divorce.

Usually claims in civil courts have to be made within a six-year or three-year time limit, according to the case.

In family law, there are not limits to making a claim, however – and even though no papers exist from the couple’s divorce to show what was agreed, Ms Wyatt will be able to make a claim against Mr Vince.

Sitting in the Supreme Court, Lord Wilson said that Ms Wyatt had suffered “real hardship” after her divorce, especially with regard to bringing up her children. However, the court said that her claim for £2 million was too high and was “out of the question”.

Lord Wilson added:

“Her claim may even be dismissed, but there is – in our opinion – a real prospect she will secure a comparatively modest award, perhaps of a size enabling her to purchase a somewhat more comfortable, mortgage-free home.”

The case will now be heard in the Family Division of the High Court to assess how much Mr Vince will have to pay his ex-wife.

Mr Vince has branded the Supreme Court ruling “mad” and said he was disappointed that the Supreme Court had not chosen to bring the case to an end 30 years after the couple separated and later divorced.

“We both moved on and started families of our own,” said Mr Vince.

“For my part, the passing of time is extremely prejudicial. It has been so long, there are no records, no court has kept anything – and it’s hard to defend yourself in such circumstances.

“Indeed, the delay itself has enabled the claim because there is no paperwork in existence.”

After his divorce, Mr Vince lived in a former ambulance which he powered from a wind turbine he constructed from recycled materials. This was the basis for his wealth and he went on to found utility company Ecotricity.

Ms Wyatt remained on benefits after her divorce and went on to have another child. She has applied to the court for the money to buy a home and lifelong financial support from Mr Vince.

She told the media that she is so poor that she has to travel to court hearings by bus and sleep in a bus station.

Ms Wyatt alleges that when she asked Mr Vince for maintenance, he was “abusive” to her.

Mr Vince has remarried and has a five-year-old son, as well as his son Dane from his marriage to Ms Wyatt.

Duncan Lewis Divorce Solicitors

Duncan Lewis is a leading firm of divorce solicitors and can advise on all aspects of divorce, including ancillary payments and maintenance and child contact and residence.

Duncan Lewis is a leading firm of Legal Aid solicitors and advises on divorce law under UK law and Islamic law.

Duncan Lewis can also advise on:

• Children taken into Local Authority care
• Co-habiting agreements
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For expert legal advice on divorce and family law, contact Duncan Lewis divorce solicitors on 020 7923 4020.