Miller and McFarlane: An Opportunity Missed?

By Andrew Meehan Solicitor Addleshaw Goddard.

After much anticipation the judgment from the House of Lords concerning the appeals against the Court of Appeal decisions in McFarlane v McFarlane [2004] EWCA Civ 872 [2004] 2 FLR 893 and Miller v Miller [2005] EWCA Civ 984 [2006] 1 FLR 151 was handed down on 24 May 2006. The cases have been heralded in the press as pivotal decisions in the post-White [2000] 2 FLR 981 world. But now that the dust has settled how will the judgment affect future cases?

General approach
Fairness remains the ultimate objective and the court should try to give each party an equal start on the road to independent living. As set out in the Matrimonial Causes Act 1973 (MCA 1973) first consideration must be given to the welfare of any children of the family. The court must endeavour to meet the financial needs of the parties. It is recognised that in the vast majority of cases needs cannot be met and the other strands of fairness are irrelevant...

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