Frances Gibb, Legal Editor
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A multimillionaire succeeded yesterday in stopping the woman whom he divorced nearly 30 years ago from claiming a slice of his fortune after she fell on hard times.
Dennis North, 70, a retired builder from near Sheffield, had appealed against the decision made by a family judge last year to award £202,000 from his retirement fund to his ex-wife, Jean North, whom he divorced in 1978.
Mrs North, 64, had left him and their three children for another man and the couple had divorced with a financial settlement that gave Mrs North a “reasonable” lifestyle.
But after her finances took a turn for the worse she returned to court to seek a further award from her former husband in what Mr North called “a second bite of the cherry”.
Mr North, whose fortune is estimated at between £5 million and £11 million, argued that it was “simply unjust” that he should have to make another payment so long after the original settlement, particularly because his former wife’s financial state was a result of her own lifestyle choices.
In a rare court victory for a husband, the Court of Appeal agreed with Mr North, ruling that the second award was “fundamentally flawed”.
Lord Justice Thorpe, sitting with Lord Justice May and Mr Justice Bennett, ruled that Mrs North may still be due “some modest award” from her former husband, but it would not approach the six-figure sum that she had previously been granted.
The judge said that it was the court’s “overarching objective” to be fair to both sides. But he said of Mr North: “He is not an insurer against all hazards nor, when fairness is the measure, is he liable for needs created by the applicant’s financial mismanagement, extravagance or irresponsibility.
“The prodigal former wife cannot hope to turn to a former husband in pursuit of a legal remedy, whatever may be her hope that he might, out of charity, come to her rescue.” The appeal judges will decide before the end of this month after considering written arguments whether Mrs North is still entitled to anything at all from her husband.
The couple split up in 1977 and were divorced the following year, with the three children staying with their father. Mr North divorced his wife when he found that she was having an affair with a friend of his. In 1981 they hammered out what he believed to be a final agreement, under which he gave her a house in Sheffield, and paid her ground rents that he received on various properties that he owned in the area.
By the late 1990s Mrs North had accumulated investments worth £328,000. But her fortunes declined when she emigrated to Australia in 2002.
As a result of a series of “unfortunate” investments, based on alleged poor advice, her assets dwindled by more than £100,000 over the next two years.
In March last year Mrs North, who lives in Sydney, applied to the High Court in the UK to vary the terms of the 1981 divorce settlement to provide for her basic needs and, in April, a district judge awarded her £202,000.
District Judge Peter Greene awarded her the lump sum, despite finding that Mrs North’s problems were “entirely of her own making” and that Mr North had no further responsibility towards her.
Lord Justice Thorpe said yesterday that that approach had been “fundamentally flawed” and the appeal should be allowed. He said that any settlement must be fair to both parties and it did not follow that Mr North was responsible financially for any of Mrs North’s needs.
He added: “Even the applicant’s subjective sense of fairness should surely not encourage her to expect that someone from whom she was divorced so many years ago should be required in law to compensate her for the financial consequences of ill-advised choices.”
Mr Justice Bennett said he agreed that there had been an “illogical inconsistency” on the part of District Judge Greene.
“Having found that the husband played no part in, and should not be held responsible for, the depletion of the wife’s finances, the district judge nevertheless jumped to the impermissible conclusion that the wife was entitled to an order of periodical payments.”
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As the partner of a man who also had a "tapeworm who took a second bite of the cherry" I heartily agree with the other comments. My now husband was badly advised by 2 lawyers and in consequence paid out twice to support a women who has 2 degrees but decided she didn't want to work.. He inherited some money when his father sadly died In the 9 years after the initial settlement and she decided to go back for some more - and she got it! We were told to contest it but thought it would be throwing more money after bad.
JS, Leeds, UK
Bravo for Mr. North. As a female, I am appalled at the behaviour of women like his ex-wife, whose only job in life seems to be that of a tapeworm. Any 'responsibility' he had toward her ended with the DIVORCE; and shouldn't translate into "you're my second daddy for life". The justice system is sadly not that at all; it is far too easy for someone to point a finger, with an outstretched hand, and be awarded compensation.
Federica, Toronto, ON, Canada
We live so very dishonourably nowadays. No wonder others have such a low opinion of us and our ways.
benson davis, colchester, uk
If this case is reported accurately, and I have no reason to doubt that it has, then the big question is whether Judge Green, a man of appalling judgement, should remain on the bench. I have never had to submit a case to the judgement of the bench but if this is the standard of our judges then no-one is likely to receive a judgement which is fair and balanced. Someone needs to act to protect the public in future from such errant judgements.
Mike Bowler, Shropshire, UK
A rare moment of sanity from our courts!
And can we now have a look at the ludicrous District Judge who "jumped to the impermissable conclusion"? Who made an "illogical inconsistency"? Whose approach was "fundamentally flawed"?
The District Judge who said that the ex-wife's problems were entirely of her own making, and that her ex-husband had no further responsibility for her, AND THEN AWARDED HER £202,000??
And this man is presumably still passing his asinine judgements on the citizens of this country? Can there be any reason why a man who would make such a statement should not be removed from his position immediately on the grounds that he is obviously terminally bewildered and has lost the power of rational thought?
If contemplating marriage, beware - despite her adultery, a lavish settlement, never doing a day's work, and you kept the kids - and 30 years later she comes back wanting more! And the Court, briefly, gave it to her!!
Jon Page, Winchester, UK
The ex wife leaves the guy and her children, for another man (his friend).
She gets the house and other payments - Why?
She should be the one paying to support the ex husband and children she abandoned.
30 years later, even in the COA - LJ Thorpe says she might be entitled to some more.
Madness - How much is being spent on this trial and will the ex wife pick up the costs for this debacle?
What about her Child Support Back payments since she left the children and husband?
Jeff, Surrey, UK
If this woman left her husband for the other man, why doesn't that other man take care of her financial needs?
Anand Sharma, Coventry, West Midlands
Why on earth should a husband owe his wife anything at all after a divorce, or vice versa? Each party should take out of a marriage, whatever they brought in. If she brought in e.g. 20% of the value of their home in savings, dowry etc then she should then receive 20% of the proceeds of the sale of the house. If she also worked and paid toward the mortgage out of her own earnings then she should be entitled to more of the proceeds.
Women who choose not to work and contribute financially to the home have only themselves to blame if they then fall on hard times after a divorce. It should teach them that they can't expect to rely financially on a man in life. In this case, there is no logic in the former husband paying this woman anything, not even in the inital settlement. She choose to have an affair and betray the marriage and she is therefore at fault and owed nothing. When are courts going to start updating divorce laws to reflect the 21st century instead of the 19th?
MB, Edinburgh,
Thank goodness the Court of Appeal had the sense to overturn the original judgement.
I wonder how Judge Greene would have acted had he been in Mr. North's shoes?
Pat Thornton, Veliko Tarnovo, Bulgaria
How ludicrous that the appeal judges should find that her absurd claim is worth even the slightest consideration. She left the marriage, she agreed the settlement, she made bad decisions and yet he has to continue to pay 30 years later. If she is awarded anything you can be sure that there is going to be a flood of claims from divorcees who have jumped into hard times and see their ex spouses as a way to get them back "in the money."
Wherever did the idea of taking responsibility for oneself disappear to?
S Zucker, La Bastide de Besplas, France