What section are the three principles (needs, compensation and autonomy) included in?
S25 MCA 1973
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What is 'needs'?
It is the FIRST priority, the primary principle as it is considered in ALL cases. In low value cases, 'needs' will be the only principle considered by the court
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What can 'needs' be?
Subjective, but mainly home, food, clothing and bills
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How are the needs of the parties assessed?
SUBJECTIVE. Depends on how the person has lived. For some people, clothing and food is enough, whereas wealthier couples might mean much more than basics
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What is a case example demonstrating needs of high value claims?
BD v FD: in high value claims the standard of living enjoyed during the marriage will be taken into account when assessing needs
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What is 'compensation'?
This principle aims to redress any significant prospective economic differences between the parties arising from the way the marriage was conducted. E.g. a stay at home mum who never worked, lost out on earning potential: earning ability was diminish
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Evaluation points on compensation?
Difficult to quantify what somebody's earning potential actually is, the principle is undeveloped and not used very much because in most cases compensation is absorbed into the needs category or in the basis of sharing
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When will the principles of compensation not apply?
1. Where a party has never worked. 2. Where lack fo work was a lifestyle choice. 3. Where the career was not high earning.
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What is a case example of a wife being compensated for her losses during marriage?
McFarlane v McFarlane
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What needs to be achieved in S25 to achieve fairness?
FLEXBIILITY.
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What did Mostyn J state about the compensation principle?
It will only be used in very rare and exceptional cases
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What are some problems with the 3 principles?
Different results for each one, NEEDS is paramount
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What was stated in Charman v Charman?
Sharing principle means that property should be shared in equal proportions unless there is a good reason to depart
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What are some of the points clarified in B v B?
Equal divison is not a starting point, fairness is the objective, no distinction between financial and non-financial contribution
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What is the principle of autonomy?
How parties can remain autonomous, independent/financially independent. This can be done through a prenuptial agreement
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What was a case involving separated money?
K v L
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Conclusions to this topic?
Fairness means that the law has to be flexible, compensation is not alway a relevant factor as shown in McCartney
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Other cards in this set
Card 2
Front
What is 'needs'?
Back
It is the FIRST priority, the primary principle as it is considered in ALL cases. In low value cases, 'needs' will be the only principle considered by the court
Card 3
Front
What can 'needs' be?
Back
Card 4
Front
How are the needs of the parties assessed?
Back
Card 5
Front
What is a case example demonstrating needs of high value claims?
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