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Family Law - Essay Example

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From this paper, it is clear that the issue of the threshold of equality and its implication on maintenance and capital transfers to be effected to the parties in the event of legal separation in the UK and Wales is a decision which is within the jurisdictional bounds of the House of Lords…
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Family Law
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Download file to see previous pages This aspect was emphasized in the Court of Appeals decision in the McFarlane v. McFarlane and also in the Parlour v. Parlour cases. The contention was that if the White v. White decisions “introduces the yardstick of equality for measuring a fair division of capital why should the same yardstick not be applied as the measure of division of income” 2 It is seen that both the cases of McFarlane and Parlour are on similar case patterns in that both have non-working wives, both have high income generating husbands who are in a position to provide more than the required Maintenance charges. Their wives maintain that it is more a threshold of the principle of equality rather than reasonable requirements that should determine the quantum of maintenance and other benefits emanating from the divorce proceedings, their husbands contend that the maintenance was being made to allow the payments to be accumulated as capital over a period of time. In the case of McFarlane, it is seen that the District Judge awarded a payment of £250,000 much higher than the wife’s estimated expenses of £128,000. However, upon Appeal, the Appellate Court reduced it to £180,000. 3
The facts of the case represented in the Parlour case alluded to the fact that although the present earnings of Mr. Parlour were much higher than that of Mr. McFarlane, it is seen that it would fall in the future when he would retire from Premier League Football. Bennett J, who heard the initial case, quantified the claims of the wife at £150,000 per year but he awarded £ 250,000 per year to Mrs. Parlour. However, another judge, Thorpe LJ., opined that the earlier judge’s verdict of £250,000 per annum in the McFarlane and an award of £444,000 per annum in the Parlour case be made saying that “ the preferred mechanism by which the surplus is to be divided annually must be periodic payments (Para 66). While Jez has valid reasons for the extinguishment of the alliance, he needs to ensure that Tracy does not need to endure suffering in her future, due to lack of resources, and this is forming an integral basis for the Court’s judgment in the Jez v.Tracy affair. ...Download file to see next pagesRead More
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