
Financial Remedies: 1. Short Marriages 2. Relationship Generated Disadvanatage
Speaker: Sapna Shah
Date:Â 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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