NEED VERSUS ENTITLEMENT

White v White (TLR 31 October H of L)

Although referred to in the legal journals as a ‘big money’ case and in the wider media by headlines such as ‘How to Divorce a Millionaire’ this decision applies to all ancillary relief applications where the family assets exceed the family needs. According to the Law Society Gazette one solicitor called it ‘The most dramatic decision on ancillary relief to come out of the House of Lords in 30 years’, while The Independent quoted another family lawyer as describing it as ‘staggering’. Throughout the marriage the parties had carried on a successful dairy farming business in partnership. The net assets of the parties were around £4.6 million. The judgment needs to be read in full, but here are the bullet points: