header-logo header-logo

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

All’s fair in love and…

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll