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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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FAMILY PROVISION: Cunliffe v Fielden [2005] EWCA Civ 1508
Date:6 DEC 2005

(Court of Appeal; Mummery, Wall and Moore-Bick LJJ; 6 December 2005) [2006] 1 FLR 745

There was no reason in principle why the approach to marital claims between divorced spouses in White v White should not be applied to proceedings brought by a widow under the Inheritance (Provision for Family and Dependants) Act 1975, with appropriate adjustments based on the different statutory provisions, although the concept of equal division of assets might bear little relation to the concept of reasonable financial provision under the 1975 Act. The brevity of the marriage was an important factor in the widow's application under the 1975 Act, and had to be brought into the equation.