White v White and co: the not-so-well-off and a 'balance of needs'

Chris Barton
Professor a Vice-President of the Family Mediators Association and Academic Door Tenant Regent Chambers

Grenville Jay
Barrister Regent Chambers

This article notes that this century's reported financial remedies cases deal overwhelmingly with that small minority of divorces where there is a surplus over needs. It questions the extent to which the court-made law in those cases which adds to the matters mentioned in s 25(2) of the Matrimonial Causes Act 1973 have relevance to less well-off families on divorce. We then assess some of the very few recent reports involving the latter notably A v L (Departure from Equality: Needs) [2011] EWHC 3150 [2012] 1 FLR 985 Fallon v Fallon [2008] EWCA Civ 1653 [2010] 1 FLR 910 and KSO v MJO JMO and PSO Intervening [2008] EWHC 3031 (Fam) [2009] 1 FLR 1036. We argue that the current call for reform of what are now called ‘financial remedy' cases is more concerned with the London divorce tourists rather than ordinary people nationwide. Finally it is suggested that more reports of...

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