Divorce Law
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| Submitted: Thu Feb 01 2007
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With the provisional divorce rate at fourteen divorces per one thousand married couples1, ancillary relief proceedings are playing an important role in dealing with financial and property divisions upon marital breakdown. The decision by the House of Lords in White v. White2 changed the approach to assessing financial settlements on divorce, and introduced the 'yardstick of equality' as a means to ensure fairness in the division of assets between divorcing couples. This essay will discuss the decision in White and its impact on ancillary relief cases and the effect of 'duration of marriage' on this 'equality' mechanism. This area of law is governed by the Matrimonial Causes Act 1973. When the court is making decisions with regard to property and financial claims the MCA 1973 s25 provides a checklist of factors to assist the court in making its decision. However, as encapsulated by Thorpe L.J. in Cordle v. Cordle3, s25...

