Miller and McFarlane (2006 UKHL 24) What does it all mean? 04 Dec 2006

( Family Law )

We are by now all familiar with the case of White –v- White (2000) which changed the direction of English Law in considering Financial Relief Applications in big money cases. Hitherto, the Court’s approach was to have regard to the parties’ reasonable needs and then to find the resources to meet those needs from the parties’ assets (and income). This would mean for the vast majority of ordinary people the wife would end up with the lion’s share of the assets as she needed to provide a home for the children, and the husband’s housing needs were less, and of secondary importance, to hers and the childrens.

More >