Divorced Bus driver scoops lottery win
Fortune has smiled on bus driver Kevin Halstead who won £2.3 million on the lottery just four months after his divorce was finalised.
In many cases, the conclusion of a financial divorce settlement is the end of the line, and there will be no further claims. But there are some exceptions to the rule, and in some circumstances, significant change in circumstances can put a question mark over the basis of the settlement.
Mr Halstead married his wife in 1994, separating after three years of marriage. Despite meeting new partners, the couple remained married, and an amicable divorce was eventually finalised a few months ago. The lottery win followed shortly afterwards.
It is assumed that if a divorce settlement has been finalised, that is the end of the story. However, English law allows financial settlements to be reassessed in certain limited circumstances. In Mr Halstead’s case, reports suggest that the matter was resolved amicably with his ex, but in different circumstances a very interesting legal battle could have ensued.
Divorcees who are in a similar position to the former Mrs Halstead may be able to apply to the Court to ask for the original settlement to be reassessed on the grounds that an unexpected change of events undermines the assumptions on which the original settlement was based. A Court application to vary a divorce settlement may be appropriate where there has been a fluctuation (for better or worse) in one party’s financial position. Though recent cases have suggested that the change must be very extreme and unforeseeable.
Contact Kim Aucott or Michael Chapman on 0161 236 8992 for further information on this or any family related matter.
