divorce and the six-year statute barred rule

[johnny37]

In divorce, does the rule apply where no financial claim can be made if no contact had been made for six years? ie Is the financial state of either party irrelevant since neither can make a claim anyway due to the statute barred rule? There are no children involved.

[johnny37]

Sorry, the above is a bit ambiguous. I meant when you are applying for an uncontested divorce after five years separation but no contact has been made for SIX years.

[fredpuli47]

No. The parties are to divorce after five years separation.We aren't talking about debts. We are talking about 'matrimonial property', a term of wide meaning, and also of the needs and relative financial circumstances of the parties now and in the future.If one party has proved entirely self-sufficient for some years, that may be a factor but is by no means conclusive.Many people are self-sufficient, in that they can keep themselves, but that does not mean that they are not entitled to, or must be denied, a better standard of living

The court starts the calculations when the divorce takes place. What the grounds of the divorce are are not relevant.

[johnny37]

Thanks Fred. I posted the question on behalf of my son. I'm confident that his wife (with whom he has had no contact for six years) will not have a case but she will try to make things diffcult by insisting on full disclosure with all the expense, etc. Indeed her solicitorr will only be doing his job if she did. I just wondered if it could all be avoided. He now has a stable job, future pension, own property with his new partner, etc which he did not have before the separation.