Hart v Hart [2017] EWCA Civ 1306, 64
Citation: Hart v Hart [2017] EWCA Civ 1306, 64
Rule of thumb: What happens if there is a divorce very shortly after marriage, does 50/50 still apply? Possibly not – it is possible to argue that they had no connection with the assets so they did not become part of the marriage.
Judgment:
The Court in this case affirmed the ‘diminish over time principle’ in relation to non-matrimonial assets – the length of time 2 people have been married is a key factor to be taken into account in deciding whether an asset has become a matrimonial asset or not, ‘treat all property in the same way’, Lord Nicholls at 22, ‘it was recognised that the source of the assets might be a reason for departing from the yardstick of equality... the importance of the source will diminish over time’, Lady Hale at 148
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