Courts not sending the wrong message over short marriages

 

Media reports that women divorcing rich husbands after short marriages are being over compensated is wide of the mark says Helen Saggers, a family law specialist at Barr Ellison.

“An equal division of assets is the usual starting point in a divorce case, but in a short (less than five years) childless marriage the assets that the couple brought to the marriage will be taken into consideration and not automatically divided 50/50,” explains Helen. In most cases this will mean assets acquired before the marriage are likely to be retained by the partner who brought them to the marriage and what has been accumulated during the marriage divided equally.

The issue of the courts over compensating women from short marriages was recently raised by Lady Deech, chair of the Bar Standards Board who accused the courts of treating women from short marriages no differently from wives from long marriages. This, she argued, encouraged young women to think that if they married a footballer or a banker and stuck it out for a few years their lifestyle would always be on that level.

Helen believes that this is not the case and that most judges would look at each case individually. “If a woman has come into the marriage to a rich husband with nothing and the marriage is short and childless the court is much less likely to divide the assets 50/50 than if she has given up a successful career to look after children and the marriage has lasted for many years.”

To find out more or to discuss any matrimonial related issue, please contact Helen Saggers.

 

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

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