If you’re wondering, do I need a consent order when I divorce?, the case of Kathleen Wyatt and Dale Vince provides a compelling answer. Their story highlights the risks of not securing a financial settlement and why a consent order is essential—even if you have no assets at the time of your divorce.
The Case of Wyatt and Vince: A Shocking Legal Battle
In 1981, Kathleen Wyatt, a single mother of one, met Dale Vince, a penniless traveller. They married that same year and lived in North Staffordshire, relying primarily on benefits. In 1983, they had a son together.
The couple separated in 1984, and at that time, neither had any assets. They officially divorced in 1992, when they were both still penniless. Crucially, they did not apply for a consent order at the time of their divorce.
Wyatt later had two more children in a subsequent relationship, while Vince continued his nomadic lifestyle, even travelling in an old fire engine. However, by the mid-1990s, Vince set up a wind energy business, Ecotricity, which became a major player in the UK’s eco-energy sector. By the mid-2000s, Vince had become a multi-millionaire, and Ecotricity was valued at £57 million.
The Costly Consequences of No Consent Order
More than twenty years after their divorce, Wyatt discovered Vince’s financial success and filed a £1.9 million claim against him, despite their marriage ending long before he became wealthy.
Initially, the court dismissed Wyatt’s claim in March 2015. However, she appealed to the Supreme Court, which ruled that there is no time limit on financial claims against an ex-spouse unless a legally binding consent order is in place. By this point, legal costs had already reached an estimated £500,000.
Since Wyatt had no money, Vince was forced to pay all the legal fees. The case dragged on for years, until finally, in 2016, Vince agreed to pay Wyatt a lump sum of £300,000 to end the legal battle.
What Can We Learn from This?
The biggest takeaway from this case is that if Wyatt and Vince had obtained a consent order when they divorced, this legal battle could never have happened. Many divorcing couples assume that once they receive a Decree Absolute, financial ties are automatically severed. However, this is not the case.
Without a consent order, either party can make a financial claim at any time in the future, even decades later. This is true even if you have no assets at the time of divorce.
How to Protect Yourself with a Consent Order
A consent order makes your financial agreement legally binding, preventing either party from making future claims.
- For couples with no assets to split, a Clean Break Order (£399) ensures neither party can make a financial claim in the future.
- For couples with assets to divide, a Consent Order (starting from £499) legally secures the financial agreement and protects against future claims.
Don’t risk facing a financial claim years after your divorce. Get a consent order today to secure your financial future.
For more information, visit our financial settlement page or call us on 0204 530 8101 to get started.
