header-logo header-logo

All’s fair in love and…

08 August 2013 / Jonathan Herring
Issue: 7572 / Categories: Features , Family
printer mail-detail
istock_000002332674medium

 Jonathan Herring explains how divorce settlements can be unequal but fair

Ever since the House of Lords’ decision in White v White [2000] UKHL 54, [2001] 1 All ER 1, divorce lawyers have become familiar with the principle of equality. Because each party to a marriage has made an equal contribution to the relationship, whether that be economically or in terms of childcare or otherwise, there should be an equal division of the money generated during the marriage, unless there is a good reason not to do so.

Principles

Good lawyers will quickly point out that there are other principles at play too: the principle of meeting needs and of ensuring compensation for losses generated by the marriage. These must be put alongside the principle of equality (Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 3 All ER 1). They will also emphasise that in White v White the House of Lords was absolutely clear that there was no strict rule that there should be an equal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll