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SHORT MARRIAGE: The lottery of needs

30 June 2017  

Moji Sobowale looks at the approach to short marriage cases, in particular as to needs in the context of standard of living

Although marriage is a contract, it is not a purely financial contract with remedies that can be easily quantified when breached. The family courts have a wide discretion when considering the division of assets upon marital breakdown, to be exercised by the careful application of the legislated factors embodied at s25, Matrimonial Causes Act 1973 (MCA 1973). As set out in White v White [2000], the court’s objective must be to achieve a fair outcome, but the question is what is deemed ‘fair’?

 

Additional Info

  • Case(s) Referenced:

    AAZ v BBZ & ors [2016] EWHC 3234 (Fam)

    AB v FC [2016] EWHC 3285 (Fam)

    BD v FD [2016] EWHC 594

    C v C (Financial Relief: Short Marriage) [1997] 2 FLR 26

    FF v KF [2017] EWHC 1093 (Fam)

    J v J [2014] EWHC 3654 (Fam)

    Juffali v Juffali [2016] EWHC 1684 (Fam)

    McCartney v McCartney [2008] EWHC 401 (Fam)

    Miller v Miller; McFarlane v McFarlane [2006] UKHL 24

    SS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam)

    White v White [2000] UKHL 54

Last modified on 23 June 2017