Financial Remedies: Impact of Delay in Divorce Cases
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Yael Selig
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What’s the risk of delaying my financial remedies claim?
The financial remedies team at Osbornes Law acts for clients across a range of financial disputes, including complex and high value divorce cases.
Can one party’s delay in addressing financial matters impact the final amount they could be entitled to? That was the interesting question that arose in a case where the parties were divorced for many years before a financial claim was eventually made.
It was found that while a delay could have a material impact on the outcome, both parties had delayed bringing any claim for well over a decade.
What happened?
In Cemke v Cemke [2025] EWFC 180, both parties were litigants in person. If they had sought expert legal representation, expensive litigation would most likely have been avoided.
At the time of the hearing, Jolanta Cemke was 52 and Krzysztof Cemke was 50. They had lived together before marrying in 2000, but separated acrimoniously in 2010 and divorced in December the same year.
However, Mrs Cemke did not issue her claim until 2023 – a delay of more than 12 years after the decree absolute. Mr Cemke argued that given this delay, Mrs Cemke’ s entitlement should be reduced.
The main asset was the £512,500 former family home in West London which they jointly owned, though Mr Cemke had continued to live there. The available equity after the mortgage and sale costs was just £280,000.
The court has to consider the factors set out under s25 Matrimonial Causes Act when determining a fair financial order to make. There is no limitation period in which a financial remedies claim must be brought, but delay is likely to have a bearing on the court’s overall considerations.
Here, the judge helpfully reviewed a number of earlier decisions on the potential impact of delay where several observations were made. For example:
- Delay is detrimental, as it fosters bitterness and hostility between the parties, ultimately harming the entire family (particularly to any children).
- Delay inevitably increases costs.
- Issues can arise where there is a change in property valuation, and changes in the parties’ own situations, such that the whole case can be” materially altered”.
- Delay in bringing a claim is not by itself a bar to making a claim; nor does it automatically disentitle the applicant to financial relief.
So, it is clear that the fact that an application is delayed, even if it’s severely delayed, does not mean that the court is limited in its powers. Rather, the reasons for the delay and its effect is an additional factor (potentially a highly material factor) when weighing up all the s25 factors.
The court looked at Mrs Cemke’s reasons for delaying her claim and the consequences. In the event, the judge concluded that both parties had actually delayed matters, and so there was no logical reason to reduce her award.
It had been open to both parties to make an application for financial remedies between 2010 and 2023, but neither had done so. Furthermore, Mr Cemke was never led to believe, at any time during that period, that Mrs Cemke had relinquished her financial claims. He knew matters were unresolved.
As for the consequences of the delay, there was nothing significant.
The final order was straightforward: Mr Cemke had paid off £40,000 of joint debt and he was given credit for that out of the equity. The remaining £240,000 was to be divided equally with a clean break – either by Mr Cemke buying her out within 6 months, or failing that, selling the property and paying a lump sum to Mrs Cemke.
Key takeaway
It’s always best to deal with financial matters as expeditiously as possible to avoid a potential dispute if delays were to complicate matters. Resolving financial matters early will also go a long way to reducing the risk of tensions developing (or worsening) between the parties.
How can we help?
The financial remedies team at Osbornes Law is highly experienced in advising clients on complex and high-value financial disputes following divorce or separation. With a reputation for clear and strategic advice, the team helps clients navigate financial claims efficiently—minimising conflict and avoiding unnecessary delays. For expert legal advice on financial matters on divorce, contact the leading divorce partner Yael Selig here; or call us now by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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