Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
Online event: An update on recovery in the civil, family courts & tribunals
HM Courts and Tribunals Service has announced that it is holding an online event to discuss its recovery plan for the civil, family courts and tribunals, which was published on 9 November 2020...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
Focusing on behaviour and attitudes of separating parents
I am sure that if this year's Family Law Awards were an in-person event as usual, rather than this year’s virtual occasion, much of the chatter among family law professionals would be...
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