New reported case: QW v GH [2025] EWFC 19 (B)

In an unusual case heard recently in the Family courts, Kristy Underwood, Senior Associate, Chartered Litigator & Advocate and Mediator here at stevensdrake Solicitors, advised the husband in a financial relief claim brought eight years after separation - an unusually long period of time. 

The claim was brought by the ex-wife (against her ex-husband) a full eight years after their separation. The couple, married for 22 years with four children, separated in February 2015. Their divorce was finalised in December of the same year, with the husband, our client, remaining in the family home (FMH) along with their children, three of whom are now independent adults. Meanwhile, the wife remarried in 2016, had another child, and moved into a home she jointly owns with her new husband, although asserted within the proceedings that she had separated from her new husband. Although divorced from our client, for ease of reference, she is referred to as the wife within the relevant proceedings.

The Core Dispute: Splitting the Family Home

The dispute centered solely on the division of the FMH. Both parties had previously agreed that the property would be sold after their youngest son completed his GCSEs. The key disagreement lay in how the proceeds should be split. The husband argued for a 70:30 division in his favour, while the wife initially sought a 50:50 split before adjusting her position to 55:45 in favour of the husband.

The husband had been solely responsible for mortgage payments post-separation, which we believed should be reflected in a larger share for him. 

Court’s Jurisdiction: A Procedural Hurdle

One challenge in this case was establishing whether the wife was even entitled to make a financial claim at all, given that she had remarried. Under the Matrimonial Causes Act 1973, a remarried spouse cannot seek financial relief unless they had initially included such a request in their divorce petition or issued an application for financial proceedings prior to their remarriage.

The Legal Perspective on Delay

A striking aspect of this case was the length of time taken before the wife brought her financial claim - an entire eight years post-separation. While there is no legal time limit on making such a claim, past cases have discouraged excessive delays. The court referenced Vince v Wyatt (2015), which warned against long delays that could disrupt a respondent’s settled financial arrangements. Similarly, Briers v Briers (2017) emphasised that where financial needs were already met, a delayed claim might warrant a reduced share.

Court’s Decision

Considering both parties' circumstances, the court ultimately ruled that the FMH should be sold, and the proceeds split, after deducting the husband’s verified mortgage contributions.

This resulted in a final division of 65.5% to the husband (we had offered 70%) and 34.5% to the wife (the wife offered 50% before the hearing), acknowledging both the husband’s financial role and caregiving responsibilities over the years and the wife’s significant delay in filing her claim. The court also noted that the wife’s current housing needs were largely met through her joint ownership of a property with her new husband.

Kristy Underwood, who acted for the husband in the case commented: 

“We were very pleased to achieve a positive result for our client, significantly below the initial request. This case was unusual, as such a long period of time had passed since the separation, and serves as a helpful reminder that while there is no legal time limit for ex-spouses to bring about claims, excessive delays may weaken a party’s position.”

For further information on how we can help in family matters, including mediation, please contact our family department 01293596935 or visit our Family law page here.