It's Payback time! Miller, McFarlane and the Compensation Culture

District Judge Glen Brasse. In the speeches, principally of Lord Nicholls and Baroness Hale, the law of ancillary relief which underwent something of a supernova in White v White [2000] 2 FLR 981 has coalesced into a system of firm guidelines orbiting the central principle of fairness. Gone are the last vestiges of alimony, with the earner giving needful support from assets and income belonging to him to the non-earner. Now marriage is defined as an equal partnership with an entitlement to share both assets and income. Clarified is the concept of the matrimonial acquest; the terse references of Lord Nicholls in White concerning which assets might not be included in the fair division at divorce have now been exemplified and explained.

See August [2006] Fam Law 647 for the full article.

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