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from Family Law and Children’s Rights
Published online by Cambridge University Press: 05 May 2022
Most family lawyers believe that the landmark case of White v. White dramatically changed the law of financial remedies on divorce. White clarified that, in the context of the statutory guidelines which offer broad discretion to courts, the objective of financial and property distribution on divorce was fairness. Lord Nicholls acknowledged that while ‘fairness, like beauty, lies in the eyes of the beholder’, crucially, it did not mean merely meeting the homemaker’s ‘reasonable needs’, which had previously been the goal. Rather, in achieving fairness, not only were awards to be measured by a ‘yardstick of equality’, but there was to be no discrimination between the homemaker and the money earner when assessing their contributions to the welfare of the family. After years of homemaker applicants being treated either as supplicants pleading for their needs to be met by their breadwinner husbands or as plunderers of their husbands’ hard-earned wealth, this decision of the House of Lords was revolutionary.
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