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 piecemeal fashion, there are some solid rules which are worthy

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll