Financial relief after 30-year delay

N v L (financial relief after overseas divorce) 2003 2 FLR 425

The parties were divorced in South Africa in 1973, when the court ordered the husband to make monthly payments for the benefit of the children to cover the wife’s rent. In 1976, the husband bought a flat for the wife and children to live in, where the wife remained after the children became adults. In 2001, the wife, in this country, claimed ancillary relief under the Matrimonial and Family Proceedings Act 1984 Part 3. In making an order, the Court found that the husband had acknowledged by his actions that he had an obligation to his wife and he had suffered no financial prejudice as a result of the delay. The South African order made no reference to the wife’s financial claims so she was not seeking a second bite of the cherry. She had a real financial need and had remained financially dependent on the husband. The Court awarded a lump sum of £30,000 for building repairs and periodical payments of £1,000 per month which were commuted to a lump sum of £150,000, and she was awarded half of the net proceeds of the property on sale.