Financial Claim 20 Years After Divorce Fails
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Lisa Pepper
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Financial claim 20 years after divorce fails due to settlement agreement and lengthy delay
The Family team at Osbornes Law advises clients in high value, complex divorce and financial claims.
There is no limitation period during which a party to a divorce can make a court application for financial remedies. Even so, if there is a delay, the applicant may have to satisfy the court if there is genuine reason for delaying the claim.
In a recent (unsuccessful) case, the wife was entitled to make a financial application, more than two decades following the divorce. However, it was obvious her delay was a highly relevant factor in the judge’s overarching analysis of fairness.
What’s the background?
The parties in LIN v PAR [2025] EWFC 401 divorced in February 2002 after a 9-year marriage with no children. The husband (the 62-year-old respondent) was a businessman.
It was unfortunate for the parties that the dotcom bubble burst in September 2020, prior to the breakdown of the marriage. Their wealth comprised the husband’s company shareholding, and its value reduced from £8.5m in September 2000, to around £116,000 on 26 May 2002 when the terms of a draft Financial Remedy Order (FRO) were agreed.
Since then, the husband had become highly successful with wealth in excess of £100m. In 2005, he gave his ex-wife (the applicant), now 56, a gift of about £193,000 (£363,000 by today’s value). By 2022 they had not been in contact for 11-12 years.
In mid-June 2023, the applicant wife made a financial remedies claim for £10m, arguing their October 2001 financial agreement should be disregarded on the basis of material non-disclosure and duress. It wasn’t until she instructed lawyers that it was discovered there was no FRO on file – for unknown reasons. The draft order had never been filed with the court.
The husband said he was “reeling from shock” when he received a solicitors’ letter notifying him of the wife’s intended claim.
It emerged that the applicant had been manipulated by a male friend and adviser to believe her ex-husband had duped her, encouraging her to make the claim.
By June 2025, she was seeking £5m on a needs basis, including more than £1.5m for housing costs. The husband made a ‘drop hands’ offer, withdrawing his previous proposal that the wife should repay him the amount given to fund her litigation and that she should pay his costs. The litigation itself had cost the husband nearly £1.75m.
The wife’s claim was rejected and the Judge found that they had reached a binding Xydhias agreement in October 2001.
Delay
Without a justifiable reason for bringing her claim, particularly after such a significant delay, the wife’s case was likely doomed from the outset.
Firstly, the Judge found that the parties had clearly reached agreement to settle financial matters in 2002. There was no suggestion it was inappropriate or unprincipled; and both understood and freely entered into the agreement.
The applicant had been “reasonably content” with it, but her friend had “sparked doubt, then a belief that she had been deceived”. Furthermore, there was no undue pressure or non-disclosure on the husband’s part.
Secondly, the 20-year-delay was a significant factor in the outcome. The Judge made clear: “The mere fact that the payer has great wealth is insufficient to justify a needs award… he should not be the insurer of last resort against [her life] choices.”
The Judge went on to note that the wife’s earning capacity was around £100,000pa, and this was sufficient for her future needs. Her claim was dismissed and a clean break ordered.
The decision illustrates the limits to which the court will allow a financial claim after a lengthy delay. Anyone considering making a claim long after divorce should take robust legal advice on the merits of their claim.
How we can help
At Osbornes Law, we specialise in divorce financial claims. Our financial remedies experts can help support and advise clients in all types of disputes, no matter how complex. Please contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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