Dale Vince is in the headlines once again, this time in relation to financial arrangements between him and his wife Kate Vince following the breakdown of their 22-year marriage. It’s a good time to look not only at the issues in this recent case, but those examined in the previous case of Wyatt v Vince.
Wyatt v Vince
Mr Vince and Ms Wyatt married in 1981 and had a son. Ms Wyatt had a daughter from a previous relationship who was treated as a child of the family. Mr Vince says they separated just 3 years later, while Ms Wyatt claims it was much later. Following the breakdown of the marriage, Mr Vince continued to live a transient lifestyle as part of various New Age traveller communities for around 8 years, having very little in the way of assets. Meanwhile, Ms Wyatt brought up the parties’ children with little to no assistance from Mr Vince.
The couple’s divorce was finalised in 1992, and three years later Mr Vince founded Ecotricity, a green energy company which at the time the case was heard was worth at least £57 million. Ms Wyatt had continued to live from hand to mouth, on wages from low-paid jobs and on benefits. Finding herself in poor health and her home in a state of disrepair, she applied to the Court for a lump sum and contribution to her legal fees in 2011, almost 20 years after the divorce was finalised. She was ultimately successful, and was granted a lump sum of £300,000.
Important aspects of the case
This case reminds us that financial remedy claims do not have an expiry date, and remain open long after separation if they are not resolved either by agreement or contested proceedings. It also makes clear that resources accrued post-separation are not out of the Court’s reach if they need to be used to meet needs, even if one party has not contributed to them as Ms Wyatt can be said not to have contributed to Mr Vince’s post-separation wealth in this case. It is very important when divorcing that your spouse’s financial claims against you are settled by way of a consent order (or Court proceedings, in unfortunate circumstances where an amicable settlement is not possible). Having your final order (or Decree Absolute) granted does not automatically end these claims.
Vince v Vince
The principles of fairness, needs and contribution were also relevant in the case of Vince v Vince, which saw Mrs Vince being awarded 50% of the value of the matrimonial element of the business, and overall 37.9% of the total asset base. This was a reflection of her contribution to the marriage as a homemaker while Mr Vince earned the majority of his wealth, and her ongoing contribution to the family by maintaining a home for the parties’ son.
Part of the complexity of the case was ascertaining how much of Mr Vince’s wealth was accrued before, during and after the marriage, and whether pre- and post-marital accrual could – or should – be taken into account. Mr Vince’s business was said to have become even more successful since the separation. Further issues arose when Mrs Vince sought to ‘add back’ large donations made by Mr Vince to the Labour Party and the Green Party to the marital pot. This was unsuccessful, although a sum of £4.5 million which was due to be given to charity but had not yet been donated was considered part of Mr Vince’s resources.
This case highlights that the contributions of stay-at-home parents and homemakers are seen as equally valuable by the Court – it is often the case that one party is able to generate significant wealth because the childcare responsibilities and other responsibilities at home are being taken care of by the other spouse. Stay-at-home parents are entitled to have their needs met from the matrimonial resources even if their primary responsibilities were within the home rather than in the workplace – financial contribution is not the only kind of contribution to be taken into account when negotiating a financial settlement. Meeting the needs of both spouses must be considered within the context of contribution to the marriage, but also the time period during which the wealth was accumulated.
To discuss ensuring your financial stability in the wake of a separation, please contact a member of our family team on 01622 698000.
