Ratio Decidendi
The three principles governing ancillary relief on divorce are: needs, compensation (for relationship-generated disadvantage), and sharing (of the fruits of the matrimonial partnership). Non-matrimonial property may be treated differently from matrimonial property.
Fapte
Two appeals were heard together. Miller involved a short childless marriage to a wealthy man. McFarlane involved a long marriage where the wife gave up a lucrative career to raise children.
Rezumatul hotărârii
The House of Lords identified three strands justifying financial awards: needs, compensation for relationship-generated disadvantage, and equal sharing of matrimonial assets. In Miller, the short marriage limited the sharing claim. In McFarlane, the wife's career sacrifice justified a substantial award.
Citate cheie
"The rationale of the sharing principle is that marriage is a partnership of equals... when the partnership ends, each is entitled to an equal share of the assets of the partnership."
— Lord Nicholls
Tratament ulterior
The three-strand approach (needs, compensation, sharing) is now the standard framework for ancillary relief.