ruth deech gresham professor of law

WHAT’S A WOMAN WORTH?

Ruth DeechGresham Professor of Law

Mills-McCartney

• £28m for a 3-year marriage

• £35K for Beatrice• £50K pa for charitable

donations

Charman v Charman

• £48m, 28 year marriage to an insurance broker, no outside employment

Mrs Miller & Mrs McFarlane

• Mrs Miller - £5m after a 3-year marriage

• Mrs McFarlane - £250K pa for life

Judicial discretion

• Judges mean to be generous and fair but have departed from the statutory principles

• Discretion is expensive because unpredictable

Three sisters

The Legislation

• Matrimonial Causes Act 1973• Inheritance (Provision for Family and

Dependants) Act 1975• The Law Commission proposals:

Cohabitation: the Financial Consequences of Relationship Breakdown – remedies for couples with children or who have lived together for 2 years

Why cohabit?

• One refuses to marry• Previous bad experience with divorce• Trial to see if marriage right• Reject marriage on ideological grounds

More law is a bad idea

• Expensive• How to determine worthy relationships?• Put men off commitment• Gold diggers’ charter• Freedom of choice

Independent arrangements

• Prenuptial and cohabitation contracts should be recognised

• Make joint wills, put property in joint ownership

• Community of property – equal division of marital acquests

This lecture will be available to download from our website shortly

www.gresham.ac.uk