“Our firm’s success in this case has decided a legal principle that financial claims arising from a marriage do not survive the death of a spouse,” Alexandra Tribe, managing partner at Expatriate Law, said in a statement late last week. “Pro bono cases such as these, with considerable time and expertise given by leading international family lawyers and counsel are important to push change and this case has highlighted that legal reform in this field is needed.”

James said: “The significance of this decision is in part explained by the rarity with which the Supreme Court accepts appeals regarding divorce cases (this being the first in the last three years) and with the unusual and interesting subject matter: can you still divorce someone even though they have died?”

“The Supreme Court accepted there is a problem with the current law, that if someone with all the assets dies mid-proceedings, this can create an injustice for the left behind spouse. But ultimately, as problematic as this might be, it has been left for parliament to resolve and not the Supreme Court, as we – the legal team for the respondent – successfully argued,” James added.

The case is an another example of how, particularly when large amounts of money are involved, matrimonial breakdowns, family disputes and tussles about estates, trusts and other entities are a big part of the private client advisory chessboard. This news service tracks a number of issues concerning divorce cases – see articles here and here.

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