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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
back-to-top-scroll