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Miller

Miller

A major House of Lords decision in May 2006 which was heard with the case of ‘MacFarlane’. The case stated that fairness was the objective of ancillary relief law on divorce. Fairness was found in needs, sharing and compensation. The case reaffirmed equality as a starting point for the division of assets and the importance of needs in most cases as basis for settlements. It stopped the court taking into account the parties conduct and special contribution in anything but exceptional cases. It was a complex judgment raising more questions than answers and was dealt with a year later by the Court of Appeal in ‘Charman’.