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How long is a marriage? (answer: however long the Family court says it is)
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Matt Foster, Charles Russell Speechlys LLP
Magdalena Lewoniec, Charles Russell Speechlys LLP
Financial claims on divorce often revolve around the sharing principle, i.e. what constitutes marital acquest and how that should be divided. The temporal window in which the sharing principle applies is often a ripe area for litigation – with disputes focussing on when the ‘marriage’ starts and ends for the purposes of sharing. This article explores the case law on both points, looking at the approach taken by the Court and the differences that arise when assessing the start and the end of the marriage, as well as exploring a number of more fundamental issues about the current state of the law.

The full article has published in the August issue of
Family Law.
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