Kim Beatson follows cases which provide a helpful reminder of family law principles
So many published cases involve assets of considerable value. There is always difficulty in applying the principles established in such cases to the more everyday type of case. Younger practitioners may feel that White v White [2001] 1 AC 596 was the first where the starting point of equality was mentioned. However, in relation to more modest cases it was not unusual, even before the case of White, for a wife to receive substantially more than 50% of the family assets, on the basis that the assets pool was limited and the children’s needs came first. This would often be on the basis that there was a clean break on income (in appropriate cases).
A helpful reminder
A v L [2011] EWHC 3150 (Fam) features an extremely usual set of circumstances—unusual in the sense that it ever came before a High Court judge. It is a helpful reminder to divorcing couples and solicitors of how the court is likely to approach financial remedies where the assets and incomes are modest.
Moor
