header-logo header-logo

04 December 2008 / Lorraine Jones
Issue: 7348 / Categories: Features , Family
printer mail-detail

An unfair share?

Cohabitants still struggle to get a fair deal when their relationships break down, says Lorraine Jones

The law is often said to operate as a reflection of society upholding social and moral values while recognising the popular sense of fairness which individuals would seek to have applied to them.

That does not mean you get what you seek, rather that the framework of the law with the guidance of precedence is applied to each case upon its own facts and merits. Judicial discretion remains and thankfully so because there are cases where a party’s circumstance or contribution demands an adjustment or detraction from the overriding requirement of equality, provided that in itself would not be discriminatory or unfair. These are the basic principles applied to married couples, laid down in White v White [2001] 1 AC 596. But what of those couples who are not married? The Law Commission report published in July last year called “Cohabitation: The Financial
Consequences of Relationship Breakdown” highlighted the difficulties that couples, particularly those with children, were experiencing when

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

Bellevue Law—Sara Mason

Bellevue Law—Sara Mason

Bellevue Law expands workplace law offering with specialist healthcare regulatory appointment

Seddons GSC—Peter Ames

Seddons GSC—Peter Ames

Seddons GSC strengthens Dispute Resolution team with partner hire

Taylor Rose—four promotions

Taylor Rose—four promotions

Taylor Rose announces partner promotions

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll