General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network
 
Case of Miller and McFarlane 2006
 
 
In 2006 in the cases of Miller and McFarlane, the House of Lords found there to be three factors that could guide the court in making an award - needs, compensation and sharing.
 
The "sharing" exercise refers to how the parties will share the assets.
 
  • Matrimonial assets have been generated during the marriage, are in the parties' joint names or have been a matrimonial home i.e. one in which the family have lived during the marriage.
  • Non-matrimonial assets are those acquired pre-marriage and, sometimes, post-marriage and inherited assets if they have not been mingled with matrimonial assets and they are not needed to meet the parties' needs.

The court will start at a point of sharing the matrimonial assets 50/50. If both parties' needs are met from a 50% share of the matrimonial assets, then non-matrimonial assets can be retained by the party to whom they belong.

  • "Needs" - if the parties do not have enough assets to meet their housing and other capital needs then those needs will trump any 'sharing' arguments. Non-matrimonial assets may have to be divided to meet needs or one party may get a larger portion of the assets because their mortgage capacity is smaller.
  • The strand of "compensation" is rarely argued in court because it is difficult to prove that there has been a relationship-generated disadvantage to one party meaning they should be compensated. The leading case is McFarlane, in which it was found that Mrs McFarlane, who had been a solicitor and had given up her career to raise the parties' children, ought to be compensated. If successful, compensation might be reflected by the level of maintenance awarded.
 
 
 
 
DIRECTOR
 
 
Philip Kedge is a retired police Chief Inspector and the founder and director of the McKenzie Friend UK Network. His aim is to take family court matters out of the hands of lawyers with an ethical business to reduce conflict and acrimony, to provide access to cost effective McKenzie Friend national services, to offer training and to reduce the emotional harm to children.
 
Phil is the founder of the National
Campaign #lightnothate
 
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