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Financial Remedies: 1. Short Marriages 2. Relationship Generated Disadvanatage

Speaker: Sapna Shah
Date: Spring 2025

FAMILY

With 15 years’ experience as a family law barrister, Sapna specialises in aspects of private children law and financial relief, combining her deep knowledge with a key ability to get to the root of problems. She is able quickly to gain her clients’ confidence by being approachable and sensitive.

In this in-depth seminar, she explores financial remedies in relation to short marriages and relationship-generated disadvantage. The talk will help subscribers understand key statutory and extra-statutory factors in financial remedies, before exploring relationship-generated disadvantage and length of marriage as key considerations. Sapna then explains the importance of fairness and judicial discretion, and uses case analysis throughout to illustrate key points in context.

Key words/topics:

s.25 Matrimonial Causes Act 1973

Judicial discretion and fairness

Needs, compensation, and sharing

Length of marriage

Key principles from WC v HC [2002] per Peel J

Two-stage process (Charman v Charman)

Objective of fairness (White v White [2000] 2 FLR 981)

Statutory criteria and clean break encouragement

Needs vs. sharing

Matrimonial vs. non-matrimonial assets

Elasticity of needs

Source of wealth

Key questions for judges

Miller v Miller[2005] EWCA Civ 984, [2006] 1 FLR 151

McFarlane v McFarlane[2004]EWCA Civ 872, [2004] 2 FLR 893

Standish v Standish [2024] EWCA 567

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