ruth deech gresham professor of law
DESCRIPTION
Mills-McCartney £28m for a 3-year marriage £35K for Beatrice £50K pa for charitable donationsTRANSCRIPT
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