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Presuming Equality or Doing the Section 25 Exercise?

Published online by Cambridge University Press:  24 November 2003

Anne Scully-Hill
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Extract

After White v. White [2001] 1 A.C. 596, to divide assets fairly between divorced spouses the court must consider all the relevant factors set out in section 25 of the Matrimonial Causes Act 1973 and then check the tentative award against the “yardstick of equality, providing good reasons for any inequality (p. 605). The decision of the Court of Appeal in Foster v. Foster [2003] EWCA Civ 565 is the latest instance in which the court has examined the proper application of the “yardstick.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 62 , Issue 3 , 03 November 2003 , pp. 570 - 573
Copyright
Copyright © Cambridge Law Journal and Contributors 2003

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