Kathleen Wyatt, the ex-wife of Ecotricity founder Dale Vince, labelled the “£100m Hippy” by the Independent in 2014, has been awarded a “modest” £300,000 lump sum following settlement of the financial remedy application that she made in 2011.
Vince v Wyatt [2013] EWCA Civ 495
Ms Wyatt and Mr Vince met whilst students in their twenties, married in 1981 and separated in the mid-1980s. They divorced in 1992 having had one child together. The couple lived as New Age travellers and were penniless at the time of their separation.
Mr Vince later founded Ecotricity, heralded as the world’s first green energy company, having begun his experiments in wind power at Glastonbury festival when he fixed a windmill to a pylon to charge mobile phone batteries for festival goers.
More than 20 years later, Mr Vince’s business has an estimated market value of £57 million, all of which was accrued post-separation.
Despite the length of time that had lapsed since the conclusion of the divorce proceedings, and the fact that none of Mr Vince’s assets could be considered matrimonial, Ms Wyatt successfully convinced the court that she should be allowed to make financial claims against Mr Vince. The judges at the Supreme Court made it clear that her contributions to the family should be taken into account.
Although the Justices thought that any award that she could expect to receive would be modest, it has taken five years and undoubtedly a significant amount in legal fees for the parties to reach an agreement.
Comment
The facts of this case are unusual but it is important to note that whatever your financial circumstances at the time of separation and divorce, provision should be made to ensure that financial claims between you and your ex-spouse are finalised.
A divorce itself does not prevent either divorcing party from pursuing financial claims against each other at any stage in the future. The only way to ensure that future financial claims are distinguished is to lodge a Consent Order setting out the financial agreement with the court, even if there are no assets of the marriage.
Had Mr Vince taken this course of action when their marriage broke down almost a quarter of a century ago, both parties would probably have saved themselves hundreds of thousands of pounds in legal fees. Although Ms Wyatt has received a lump sum that is not to be sniffed at, many believe that the benefit she receives once her costs are paid will be minimal.
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Emma Davies
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