header-logo header-logo

16 December 2011 / Lehna Hewitt , Kim Beatson
Issue: 7494 / Categories: Features , Divorce , Family
printer mail-detail

Short but not sweet

Kim Beatson & Lehna Hewitt review the court’s approach to asset sharing & brief encounters

One of the factors under the Matrimonial Causes Act 1973, s 25, which the court must have regard to when redistributing the assets on divorce, is the age of the parties and the duration of the marriage. What is the court’s approach when the marriage has been short?

The first point to consider is what is meant by a “short marriage”. Although this is a subjective question, it is generally accepted that a short marriage is one which has lasted for around five years or less. Pre-marriage cohabitation will be added to the length of the marriage (see GW v RW [2003] EWHC 611 (Fam), [2003] All ER (D) 40 (May), however, the duration of the marriage cannot be considered in isolation, and there may be a multitude of other relevant factors such as children, contributions, and earning potential. Although the court’s approach to the division of assets in short marriages has evolved in a somewhat

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
back-to-top-scroll