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11 July 2019 / David Burrows
Issue: 7848 / Categories: Features , Family , Divorce
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Family finances: a delayed reaction

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How long can a spouse or civil partner wait to take financial proceedings? David Burrows sifts the evidence
  • Does delay in issue of financial relief proceedings have any effect on the outcome of any later claim?
  • Does it make any difference if a couple had an agreement at the time of their much earlier separation?
  • Can either spouse apply to strike out a delayed claim?

How many cases are there in existence where a couple with (say) two dependent children (in this case, eight and ten) separate after a thirteen-year marriage? They agree that the wife (Anne) will look after the children. She will keep the house (subject to the outstanding mortgage) and will pay the mortgage. She will make no claim on her former husband (Brian) for child support maintenance (or ‘periodical payments’ under Matrimonial Causes Act 1973 (MCA 1973) s 23) for the children.

The couple take no formal legal advice on this arrangement. They do nothing to confirm their agreement in a court order following their

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