The Supreme Court Rules - Divorce Claims Ends When One Party Dies

July 9, 2023

The Supreme Court has dismissed a wife's appeal for financial relief against her late husbands estate after he died before the final hearing.

The Supreme Court judgement said:

"Several judicial decisions since the mid 19th century have consistently construed matrimonial legislation as creating personal rights and obligations which end with the death of a party to the marriage, and cannot be pursued against the deceased's estate. Parliament is presumed to have knowledge of that established orthodox understanding when enacting the [Matrimonial Causes Act] 1973, [Inheritance (Provision for Family and Dependants) Act] 1975, and [Matrimonial and Family Proceedings Act] 1984 Acts."

This judgement may have major implications for older divorcing couples.

Law Gazette - Supreme Court Rules in Death Ends Everything Divorce Case 29 June 2023

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