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
