| Thew case of VV
v VV [2022] EWFC 41 is a recent judgment of Mr
Justice Peel in relation to a case dealing with the
division of assets in financial remedy proceedings
following a short marriage. The case examines the extent of
pre-marital cohabitation and the effect of this on the
sharing principle
The couple were married for
five months and did not have any children. The wife
(W) said they began living together in November 2018,
while the husband (H) said the date was in December 2019.
A consideration related to
seamless cohabitation prior to the marriage and the
effect on the sharing principle; the principle that the
matrimonial assets will be shared equally between the
parties unless there is a good reason they should not be.
Mr Justice Peel found that until December 2019 the
parties had been in a committed relationship, but
cohabitation did not begin until H moved to the UK. W
asserted that she was entitled to the proceeds of the
sale of AB shares, as she played a significant role in
helping H acquire the role at AB Company. However, Mr
Justice Peel rejected this as the parties were at an
early stage in their relationship and W had little
knowledge of the technology industry. The engagement in
March 2019 was also not considered a factor capable of
invoking the sharing principle. Mr Justice Peel stated:
‘The essential inquiry is whether the pre-marital
relationship is of such a nature as to be treated as akin
to marriage.’ As a result, it was decided that
as all relevant assets had been acquired before
cohabitation began in December 2019, the sharing claim
should be rejected.
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