Millionaire wins court battle against 'unfaithful' wife claiming his fortune - 30 years after divorce

Dennis North, a 70-year-old builder, said the decision was a victory for common sense.

Appeal Court judges heard that his first wife Jean, whom he married in 1964, left him and their three children for another man in 1977.

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They divorced the following year and in 1981 reached a settlement which saw him give her their house and the income from rents on other properties, which meant she should have been able to live comfortably for the rest of her life.

But in 1999, Mrs North, who has never worked, sold up and moved to Australia. She bought a house in an expensive part of Sydney but saw her capital dwindle because of bad investments and what the court was told was a lifestyle beyond her means.

Mr North, described by friends as a 'typical, straightforward Yorkshireman', has prospered and his wealth is now estimated at between £5million and £11million, the court was told. He has remarried and has two further children by his second wife Marsha, 58.

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She was on holiday with him in Corsica when the notification came that his 62-year-old ex-wife, who now lives in Leeds, intended to take him to court for another payment.

In April last year he was ordered by a district judge to hand her a further £202,000. He called for the order to be stopped and yesterday, in a rare victory for a husband, the Court of Appeal ruled in his favour.

Lord Justice Thorpe said Mr North was not necessarily liable for needs created by his ex-wife's 'financial mismanagement, extravagance or irresponsibility'.

He added: "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."

But he, together with Lord Justice May and Mr Justice Bennett, agreed that Mrs North might be entitled to a 'modest award' which they will assess by the end of next week.

Afterwards Mr North, at home in his six-bedroom stone-built cottage in the Derbyshire village of Curbar, said: "I'm delighted that the court has allowed my appeal. Her claim for more money struck me as grossly unfair.

"I'd done everything I could for her. The first time we settled, back in 1981 after she left me, she was getting more money than twice the salary of a sales manager.

"I still might have to pay something, which is irritating, but obviously I'm happy it's over after dragging on for four years since I received the letter notifying me she intended to take me to court for another payment.

"I was planning to retire at the time and my reaction was one of shock. I feel a sadness towards her in a sense, because I'm convinced she's a capable person.

"But she just chose not to work, and in doing so she has missed out on so much else in life. A job brings more benefits than just money, it brings friends and satisfaction. There's a lot of older ladies around these days who work - you see them on checkouts chatting with people, being cheerful."

Outside the couple's home, his second wife read out a poem she wrote called The Ballad of the Greedy Jackdaw, a thinly veiled attack on the first Mrs North.

David Salter, a solicitor acting for Jean North, said: "She is understandably disappointed that her former husband's appeal has been allowed. However, the court has still to deliver a final judgment."