Family Assets should be divided equally on divorce.
Angharad, Charlotte, Lauren and Lucy.
Equality
• Equality = equality of outcome and equality of opportunity.
• Lord Nicholls – “[in marriage] the parties commit themselves to sharing their lives. They live and work together. When their partnership ends each is entitled to an equal share of the assets of the partnership, unless there is good reason to the contrary. Fairness requires no less.
Not Discriminatory against one party
• Scottish system for financial settlement on divorce, discriminatory to women who had chosen motherhood over a career.
• Preconception that women are housekeepers and men are the bread winners – now this is not the case.
Effect on Society• Lower divorce rates, people think more
carefully about getting married in the first place.
• People happier in their own homes = positive effect on the workplace, school etc.
• More responsibility for actions, eradicates “nanny culture” of suing.
• Neither spouse is disadvantaged as they have equal lifestyles = equality of opportunity.
• Social norms of traditional conjugal roles are not confined to one spouse.
Effect on State
• Positive effect on the economy.• Less people on benefits.
Need?
• Concept of need is inevitable subjective.– Do you NEED that new sofa? Or that
holiday to Spain?– Encourages gold diggers?– Both parties equally enter into a “marriage
contract”. On marriage the spouses promise to support each other for the rest of their lives.
Affect on Children
• Fatherless families.• Equality of
households is not just financial but emotional = requires integration of the parent with support for the child.
Mediation
• Better results if parties reach decisions themselves.
• Emotional and psychological issues.
• Cheaper than lawyers fees.
Minimising Court time/costs
• Widespread perception that divorce causes financial ruin for the wealthy spouse.
• Typical divorce can run up to £28,000 in fees – Norwich Union.
Effect of Individual
• Social stigma.• New family
commitments?
Pre-Nups
• Can work in conjunction with splitting assets equally.
• Now legally binding – Katrin Radmacher – German Heiress.
• Means people can take responsibility for their actions e.g. Paul McCartney.
Confusion over the law
• Clarity of the law avoids lengthy litigation and negotiation.
Less hostility
• White v White• Miller v Miller• Vindictive nature of
divorce won’t be thrown around the courtroom.
Serious about marriage
• Knowledge of what you are getting into before marriage.
• Certainty of outcome – know that assets will be split equally – could potentially lead to less divorces?
• Secular change in society? More about financial security less about religion.
Conclude• Reform?
• We believe in an equality of outcome and equality of opportunity. No one party should be disadvantaged by divorce and as such on marriage breakdown there should be equal distribution of assets.
