On Tuesday 13 June 2017, the Court of Appeal will hand down judgement in the case of Mrs Sharp who is challenging a previous judgement that the assets of her marriage should be divided equally on divorce with her husband. This case considers the impact of the length of a marriage on the division of assets on divorce. The Sharps were married for four years and there were no children of their marriage.
Danelle Foley, family law solicitor at Mooney Everett in Ormskirk, Lancashire, says that all eyes will be on the Court of Appeal, for a decision that could affect couples who have decided to divorce and get a financial settlement.
“The decision the court is due to deliver will generate an enormous amount of interest amongst practitioners and those currently engaged in divorce proceedings,” says Danelle.
“This case does raise the question of how long a ‘short marriage’ really is and at what point during a marriage does a person become entitled on divorce to a share of their spouse’s wealth?”
“The impact of this judgement could be that we see a fall in the number of couples deciding to marry or we could see a rise in couples entering pre-nuptial or post-nuptial agreements in an attempt to ring fence their wealth in case they divorce following a ‘short marriage’.”
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.