When Time Doesn’t Close the Door
Cemke v Cemke [2025] EWFC 180 (B) is a timely reminder that financial claims can still be brought many years after divorce—and that delay alone may not defeat a claim.
Case Overview
In this case, the parties divorced in 2010 but did not resolve their financial matters until 2025. The applicant, Mrs Cemke, brought a claim for financial remedies 15 years after separation, seeking a substantial share of the equity in the former matrimonial home (FMH), which remained in joint names. The respondent, Mr Cemke, argued that the delay should reduce her entitlement.
Despite the long gap, the court found that both parties had contributed to the delay and that the applicant had not abandoned her claim. The FMH had appreciated in value, and the respondent had lived there throughout, while the applicant rented modest accommodation.
Key Findings
- Delay is not fatal: The court reaffirmed that delay is a factor under section 25 of the Matrimonial Causes Act 1973, but not a bar to bringing a claim.
- Needs remain central: Both parties were assessed as needing two-bedroom accommodation. The judge rejected arguments that one party’s needs were greater due to work-related storage.
- Post-separation contributions matter: The respondent was credited £40,000 for repaying family debts and replacing windows, but the remaining equity was split equally.
- Clean break achieved: The FMH was transferred to the respondent, who was ordered to pay a lump sum of £120,000 to the applicant. If not paid within six months, the property would be sold and proceeds divided 43:57 in favour of the applicant.
Why This Matters
This case highlights the importance of resolving financial matters promptly after divorce—but also reassures clients that claims may still be viable years later, especially where assets remain jointly held and needs persist.
It also underscores the court’s pragmatic approach to litigants in person and the importance of clear evidence, even in emotionally charged disputes.
What You Can Do
If you or someone you know has unresolved financial matters following divorce—even years later—it may not be too late to act.
Contact us to discuss your position and explore your options for a fair financial settlement.