Wyatt v Vince

[2015] UKSC 14 UKSC 2013/0186 Wyatt (Appellant) v Vince (Respondent) On appeal from the Court of Appeal (Civil Division) (England and Wales) This appeal considered section 23 of the Application of the Matrimonial Causes Act 1973, and its relationship with the Family Procedure Rules 2010, rules 4.4(1)(a) (no reasonable grounds for application) and (b) (abuse of court’s process). The parties married on 18 December 1981. The Wife, the appellant, came into the marriage with a daughter from a previous relationship and the Husband, the respondent, (who accepted the Wife’s daughter as part of the family) and Wife had their only child together, a son born on 2 May 1981. The date of separation is disputed. The Husband says it is 1984 whereas the Wife says it was some years later. The Wife applied for a divorce which was made absolute on 26 October 1992. At the time of divorce neither Husband nor Wife had assets or income. The Wife remained primary carer of both children. Following divorce, but before the children attained majority, the Husband formed a company which has been hugely successful. The Wife claims that the Husband has provided virtually no financial support since their separation. Further, she claims that despite her best efforts she was unable until 2010 to advance her claims for financial relief. The Wife describes that she was let down by the legal profession having visited four different Solicitors in 1984, 1992, 1996 and 2002. The Supreme Court unanimously allows the appeal and directs that the wife’s application proceed in the Family Division of the High Court. The deputy judge’s costs allowance order is restored and the Court of Appeal’s repayment order set