The former new-age traveller Dale Vince, aged 53 – founder of the green energy company Ecotricity – is a multimillionaire. His ex-wife, Kathleen Wyatt, mother of four – including Dane, her son by Vince – lives on benefits in a former council house. Last week the supreme court decided that Wyatt could go to the family court to pursue her claim for £1.9m in maintenance, almost a quarter of a century after the couple divorced, splitting nothing, as neither had any assets.
Vince says that his ex-wife’s demand following a two-year marriage is “like cashing in an old lottery ticket”. Wyatt calls her demand “woman power”; fighting for proper recognition of the contribution of the stay-at-home parent, who is most commonly female.
Superficially, the case may look like the traditional battle of the sexes – not least because women in the main suffer most financially after a divorce – but this is obviously no average War of the Roses, with the combatants slugging out a poisonous settlement. While divorces in the headlines almost always feature those who have everything bar a happy marriage, in truth the average median household income is £32,600, so there is rarely much to share between a couple going their separate ways.
According to lawyers, it seems unlikely that last week’s decision will result in a wave of divorcees knocking on ex-spouses’ doors for another tranche of cash after decades of life apart. However, the case once again highlights the legal mess and muddle around family law, exacerbated by the cuts to legal aid which have seen a 50% rise in individuals representing themselves in family disputes; a 45% drop in mediation, that can help to ease the conflict; and the closure of contact centres across the country that help to keep a non-resident parent in the life of his or her children.
In dealing with divorce and cohabitation, the law is not fit for purpose. Section 25 of the Matrimonial Causes Act 1973 that determines how money is divided on divorce has remained unchanged for 40 years. During the same period, society has hugely reshaped. The nuclear family is becoming rarer, as is the sole male breadwinner. More common is the two-earner family, now hammered by childcare costs which absorb a third of family income. How do you split the proceeds when two can no longer live under the same roof? A 1973 formula is no response.
Currently, 42% of marriages end in divorce; 44% of children will not be living with both parents by the time they are 16. At the same time, six million people cohabit, again many with children. Almost half the population incorrectly believe cohabitees have the same rights as those who have tied the knot. Reform is urgently needed and, hitherto, it has been stopped by those on the right, who argue – to the detriment of children – that change will undermine the institution of marriage.
A couple who do not wish to live apart for two years in order to divorce have to agree to one citing adultery or unreasonable behaviour, adding to the conflict. It is time for no-fault divorce.
How long should an ex-spouse expect personal maintenance? In Scotland there is a three-year limit. Joanne Edwards of Resolution, representing 6,500 lawyers and other professionals, and committed to the constructive resolution of family disputes, says this is too inflexible. The 55-year-old full-time mother who has little on her CV will be penalised more heavily than the 40-year-old with only a five-year gap from paid work. But court discretion with a clear incentive to achieve independence is vital and fair.
Resolution last month published a fine manifesto for reform on family law. It includes clearer guidelines on the division of capital, resources and pensions, and a parenting charter to keep children’s interests foremost.
It is unclear what provision Vince made for his son in his childhood. Dane has lived with his father since he was 18. It could be argued that once Vince prospered, out of common decency, he could have bought his struggling ex-wife a home and provided a lump sum. That, however, is Vince’s choice. Meanwhile, he has to pay his wife’s legal bill of £500,000, and Dane, now aged 30, finds himself once again split between father and mother.
Family breakup is never easy. Unnecessarily, the law is making it even harder.