Nobody downloaded yet

The wife's needs (generously interpreted) were not simply one of the factors in the case, but a factor of magnetic importance - Essay Example

Comments (0) Cite this document
Topic: "The wife's needs (generously interpreted) were not simply one of the factors in the case, but a factor of magnetic importance. fairness required that the wife's needs were the dominant factor in a case such as this" (McCartney v Mills [2008] 1 FLR 1508 FD) Do you agree?…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.4% of users find it useful
The wifes needs (generously interpreted) were not simply one of the factors in the case, but a factor of magnetic importance
Read TextPreview

Extract of sample "The wife's needs (generously interpreted) were not simply one of the factors in the case, but a factor of magnetic importance"

Download file to see previous pages Thus, the court’s determination in McCartney v Mills3 that the wife’s needs were the dominant factor in awarding ancillary relief in a manner that was fair. To begin with ancillary relief awards commence with the application of Section 25 of the Matrimonial Causes Act 1973. Section 25(1) of the Matrimonial Causes Act 1973 directs the courts to “have regard to all the circumstances of the case”.4 Section 25(2) goes on to provide a list of all the factors that are relevant to the court in the exercise of its discretion on determining ancillary relief awards. These factors include the parties’ income, property, assets, earning capacity, financial needs and resources, “obligations and responsibilities” of the parties, the “standard of living enjoyed” prior to the marriage breakdown, age, marriage duration, physical/mental disabilities, contributions made and conduct of the parties if the court finds that it would “be inequitable to” to ignore the conduct.5 The standard of living enjoyed appeared to be the primary needs’ factor considered by the court in McCartney v Mills. ...
arly so since, the marriage was relatively short and Mills had not been independently wealthy and therefore it was entirely unrealistic for her to expect that she could duplicate that lifestyle or enhance it following the breakdown of the short marriage. In this regard, the standard of living during the marriage as considered by the court was not a need that the wife could realistically claim. Her actual needs would be assessed and particularly since compensation was not an issue. As Bennett J explained, when the husband’s “enormous fortune” was acquired even before he met his wife there is no need to look at the “compensation principle”.7 Bennet J went on to state: Where the marriage is short and where the standard of living lasted only so long as the marriage; where the wife is now and will be very comfortably housed; and where the child’s needs are fully assured, surely fairness requires that the wife’s needs (generously interpreted) are the dominant factor in the Section 25 exercise. Any other radically different way of looking at this case would be manifestly unfair.8 Mills had requested an award of compensation claiming that she had given up a lucrative modelling career during her relatively short marriage. However, the court found that her income prior to marrying McCartney was not as lucrative as she suggested. Mills’ request for compensation was thus rejected by the court and instead the court determined ancillary relief on the basis of Mills’ needs.9 Based on Mills’ needs in terms of sustaining the lifestyle to which she had enjoyed during the marriage, she was awarded 24 million pounds despite the fact that McCartney’s wealth was an estimated 400 million pounds. Even so, the marital acquest was relatively small since, most the wealth ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“The wife's needs (generously interpreted) were not simply one of the Essay”, n.d.)
The wife's needs (generously interpreted) were not simply one of the Essay. Retrieved from
(The wife'S Needs (generously Interpreted) Were Not Simply One of the Essay)
The wife'S Needs (generously Interpreted) Were Not Simply One of the Essay.
“The wife'S Needs (generously Interpreted) Were Not Simply One of the Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The wife's needs (generously interpreted) were not simply one of the factors in the case, but a factor of magnetic importance

Number one Key Health Problem(s) in the Case Study

...valid conclusions as to the connection between a risk factor and health outcome. Cross-sectional studies mainly measure prevalent instead of incident cases; hence, the data essentially mirror determinants of survival as aetiology (Aschengrau and Seage 2008, p.158). The approach may also be unsuitable for studying rare diseases or disease manifesting short duration. The established associations may also be difficult to interpret. # 2 a) What is influenza A (H1N1) virus The label “swine flu” originally employed to describe this form of influenza since laboratory tests indicated that this strain of flu virus comprised of genes that were analogous to the...
12 Pages(3000 words)Essay

Magnetic Resonance Image(MRI)

... is slowing in response to the treatment. To be able to do this, the scan images taken at different times need to be precisely aligned. This requires exceptional skill on the part of the medical professional. Efforts are underway for the MRI image to take references from bone formations near the site of the tumor so that the second and later scans have the same orientation as the first scan (Stecker, 2006). One important benefit with MRI and other computer based diagnostic tools is the possibility for the images to be transmitted to a remote hospital for review by a specialist doctor. The scan itself can be performed by remote access to the local MRI machine. Patients exposed to powerful magnetic fields often complain of dizziness... ...
8 Pages(2000 words)Research Paper

Magnetic Compass

...compass was improved in 8th century AD it was discovered that by rubbing a needle on lodestone the needle would point in one direction; this led to an improvement in the compass whereby the compass was now made by floating the needle on water to point direction. However the needle would loss its magnetism and therefore sailors carried the lodestone to magnetize the needle in case the needle's magnetism weakened. After the discovery of the needle pointer compass these devices were used as navigation aids in ships, Discovery channel (2009) states that Zheng He was the first person to have made sea voyages using the...
6 Pages(1500 words)Term Paper

Study case S

...Answer In this case, there are number of stakeholders. Imperial Tyre Sales (ITS) company are the main stakeholders as they import the tyres that are sold in the US market. The Chinese Company, HZH1 Rubbers are also major stakeholders, who exports the tyres to ITS. The American consumers, who buy the tyres, are also important stakeholders as they are directly affected with the quality of the product and may become casualty to using defective and potentially dangerous product which does not conform to the federal regulation standards. National Highway Transportation Safety Administration (NHTSA) is a vital stakeholder as government agency who has the duty to see that road transports maintain high standard of transports and transport... model...
4 Pages(1000 words)Essay

Simply questions

...that occurs due to human frailty. 3. The attitude taken by Euripides towards women was sympathetic and considerate in that they were depicted as powerful and capable of doing anything irrespective of whether bad or good. Their course of action was directed by the society’s antagonism and whether they had clean conscience. This attitude was not a misogynist one because it was due to the depicted nature of women during that time. 4. Banaustic stereotype prescribed to artists in classical Greece is quite instrumental in that it forms an awkward subversive engagement which is unsettling with regards to issues related to gender and power. While it was favourable to men in epics, it was discriminating...
1 Pages(250 words)Essay

Magnetic flux density

..., there are 95 percent of pneumonia cases. Malaria cases account 11 percent of childhood deaths in the developing world (Seth, 2009). Diarrhea is reportedly the second largest diseases causing childhood deaths in the developing world with measles as the fifth largest disease that cause deaths in the developing countries (Seth, 2009). Folic acid is suggested as one of the ways that can help combat iron deficiency. In Cameroon, just like other developing countries, violence is a pre-dominant vice and it is reportedly one of the causes of high infant mortality. Research, which was conducted in 8 countries in the developing world including Cameroon revealed that...
5 Pages(1250 words)Lab Report


...Wife In “The Story of an hour”, the main challenges that the wife felt was the feelings of lose and loneliness, a great lose of her husband in an accident and she fears off of the day (s) when she’ll be on her own and she would have to suffer and face all the hurdles and difficulties of life, alone. Suffering with a heart disease and listening to heart throbbing news was nothing less to make her feel sick and much older in such a young age. Losing a beloved one is much heart aching than anything else in this world, she lost the love she loved the most and she knew that the scene of her husband’s dead body will also break her, entirely. In the story “Trifles”, the...
3 Pages(750 words)Admission/Application Essay

Accounting case s

...Accounting Management Number Issue The issue in question is fraud in relations to allocation of funds and lack of accountability in the bakery sector by the departmental management. Rationalization At first, the baker claims that he would like to be involved in the budgeting for raw materials that are used in his bakery sector. According to this, he tries to indicate that in one way or the other, not all the capital that is input into the bakery department is provided for use. He thinks that perhaps because the department makes a lot of profit yearly, the person in charge does not see the need of remitting extra money to be used as input into the department despite the fact that that there may be increases in inputs to departments... profits...
2 Pages(500 words)Case Study

Case's outline

...Outline for Interpretive Essay I. Introduction A. Teaching in general Teaching children in elementary school Children with special needs Teaching children with special needs B. Attention-deficit/ Hyperactivity disorder in children The definition of ADHD The causes and symptoms C. Ali’s diagnosis Who is Ali? (Personal and academic background) Which disability condition does Ali have? II. Cognitive ability A. The cognitive deficits in attention-Deficit/ Hyperactivity Disorder B. Understanding the cognitive aspect of Ali’s case C. The cause of Ali’s low academic performance and concrete operational stage The journal article Common Cognitive Deficits in...
1 Pages(250 words)Essay

Maslow's Hierarchy of Needs

..., the ERG model entails three levels of needs that include existence, relatedness, and growth levels in an ascending order (Singh, 2009). This theory is different from Maslow’s theory in the sense that it allows different level of needs to be satisfied simultaneously in different orders for different people (NetMBA Business Knowledge Center, 2010). The ERG model asserts that individuals can regress to a lower level if they fail to fulfill a higher level. However, just like the Maslow’s hierarchy of needs, the ERG theory is hierarchal. References McLeod, S. (2014). Simply Psychology. Maslow’s Hierarchy of Needs. Retrieved from:...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The wife's needs (generously interpreted) were not simply one of the factors in the case, but a factor of magnetic importance for FREE!

Contact Us