Background

The court must have regard to a range of factors when making final orders in financial remedy proceedings. This exercise must be undertaken in light of White v White and Miller v Miller; McFarlane v McFarlane, which make fairness central to the process. In most cases this will start and end with an assessment of each party’s needs. When considering each party’s contribution to the marriage or civil partnership, there should be no discrimination between the breadwinner and the homemaker when making a final order. As explained by the Court of Appeal in Work v Gray, in order to ensure fairness, the courts have