Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles
Authors

Ancillary Relief and the Public/Private Divide

Sep 29, 2018, 17:16 PM
Slug : ancillary-relief-and-the-public-private-divide
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 19, 2009, 04:23 AM
Article ID : 87737

Somaya Ouazzani, Solicitor, Anthony Gold

Ancillary relief has for many years seen the courts adjusting the private financial lives of family members: however, it has now begun to look to the public side of that ideological divide. Legal practitioners are now more aware that, as described by Starnes, 'the home is not an equal opportunity employer' (C Starnes, 'Divorce and the Displaced Homemaker: A Discourse of Playing with Dolls, Partnership Buyouts and Dissociation Under No Fault,' (1993) 60 Uni. Chi. L. Rev 67) and that the gender divisions are not necessarily the result of freely chosen decisions. The milestone case of White v White [2000] 2 FLR 981 incontrovertibly has been the catalyst which instigated this recognition. Lord Nicholls, in discussing the 1970 statutory provisions rightly stated '... the property adjustment provisions were limited... they reflected the values of male-dominated Victorian society.' He famously held '... there is no place for discrimination between husband and wife and their respective roles.' White correctly denounced any preference for the breadwinner's contribution and realised that the homemaker's contribution is conducive to the breadwinner's success. 'There is greater awareness', said Lord Nicholls, 'of the extent to which one spouse's business success is achieved by a family contribution of the other spouse, a contribution which... required much sustained hard work over many years.' White recognised that society, despite its ideals of egalitarian relationships, in reality is not organised in this way. This article will examine whether ancillary relief law has taken up the implicit challenge offered by White to promote equality between spouses.

To read the rest of this article, see September [2009] Family Law journal.

To log on to Family Law Online or to request a free trial click here.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from