Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles

Til Death Do Us Part: Inheritance Claims and the Short Marriage

Sep 29, 2018, 17:35 PM
Slug : til-death-do-us-part-inheritance-claims-and-the-short-marriage
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 4, 2006, 05:55 AM
Article ID : 88605

James H Maguire, Partner, Cobbetts LLP, Manchester and Ed Frankland, Partner, Cobbetts LLP, Manchester. There is a real difference between a marriage which ends on death rather than divorce. A divorce involves a conscious decision by at least one spouse to end the marriage. In such cases the length of the marriage and the parties contributions are important factors. But where a marriage ends on death, a widow is entitled to say she entered into it on the basis of indefinite duration and in the expectation that the parties would spend their lives together. The authors ask should a marriage prematurely terminated on death cause the length of the marriage to be a less important factor than it would be on divorce? The issue came before the Court of Appeal in October 2005 in Fielden and Graham v Cunliffe [2005] EWCA Civ 1508, [2006] FLR (forthcoming) (comment at [2006] Fam Law 263) and the authors look in detail at the case. See May [2006] Fam Law 374 for the full article.

Click here if you subscribe to the Family Law journal online.

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from