age and duration of the marriage s 25(2)(d)

Question 1

Which case held that short marriages are regarded just an equal of a partnership as someone in a long marriage

Answer 1

Miller; McFarlane

Question 2

In cases of short marriages will cohabitation be taken into account

Answer 2

yes, where there has been a seamless transition GW v RW which overruled foley v Foley

Question 3

What happened in Hill v Hill

Answer 3

couple were married for a year then got divorced, decided that was a mistake, lived together for a further 25 years then split up. Court said it would be inequitable to disregard those 25 years.

Question 4

Lambert v Lambert

Answer 4

23 year marriage during the ‘most productive period of her life’ (childbearing years and years in which you develop your career) which she sacrificed to be married, and she should be compensated for that.

Question 5

A v A (Elderly Applicant)

Answer 5

Couple divorced in their 70s after a long term marriage. Argued that the husband’s award should be reduced on the basis of his short life expectancy. CA vocally disagreed with this. After a long marriage there is an expectation of a fair outcome, regardless of how long the parties are expected to live.

Question 6

What may happen in short marriages

Answer 6

in short marriages it may be reasonable to depart from the equal sharing especially where property is non-matrimonial

Question 7

What did Miller say about departure from equal sharing in short marriages

Answer 7

instinctive feeling that parties will have less call upon each other