White v White

E728347

White v White is a landmark 2000 House of Lords decision that reshaped English divorce law by establishing the “yardstick of equality” as the starting point for dividing matrimonial assets.

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Statements (46)

Predicate Object
instanceOf House of Lords decision
United Kingdom case law
landmark family law case
appliesTo ancillary relief proceedings
financial remedy proceedings on divorce
areaOfLaw divorce law
family law
citation [2000] 2 FLR 981
[2000] 3 WLR 1571
[2000] UKHL 54
[2001] 1 AC 596
country United Kingdom
court House of Lords NERFINISHED
decisionDate 2000
emphasised fairness as the overarching objective in ancillary relief
non-discrimination between breadwinner and homemaker
holding departures from equality must be justified
equality should be the starting point in division of matrimonial assets
there should be no bias in favour of the money-earner over the homemaker
influenced approach to big money divorce cases in England and Wales
subsequent English divorce settlements practice
involvedConcept fairness in ancillary relief
matrimonial assets
non-matrimonial assets
isLandmarkFor modern approach to financial provision on divorce in England and Wales
judge Lord Clyde NERFINISHED
Lord Hoffmann NERFINISHED
Lord Hutton NERFINISHED
Lord Nicholls of Birkenhead NERFINISHED
Lord Steyn NERFINISHED
jurisdiction England and Wales
keyPhrase yardstick of equality of division
language English
legalPrinciple yardstick of equality
legalSystem common law
originatedFrom Court of Appeal of England and Wales NERFINISHED
overturnedOrModified previous practice of needs-based only approach in high-asset cases
parties Mr White NERFINISHED
Mrs White NERFINISHED
precedentFor McFarlane v McFarlane NERFINISHED
Miller v Miller NERFINISHED
statutoryContext Matrimonial Causes Act 1973 NERFINISHED
subjectMatter division of matrimonial property
financial provision on divorce
topic principles for ancillary relief under the Matrimonial Causes Act 1973
redistribution of assets between spouses

Referenced by (1)

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