Ishaan Deepak Joshi, MIT-WPU Faculty of Law
ABSTRACT
The Case of White v. White is a matter decided at the cusp of two centuries, becoming a landmark family law judgement under the English Law. Repealed by the House of Lords, this case looks into the redistribution of property, as well as finances between parties while finalizing a divorce settlement. The case looks into the distribution of a 4.5 million Quid fortune between the divorcees that far exceeded what might be deemed as an essential financial requirement for either party. It is stated in the judgement that the absence of an extravagant financial need should not result in depriving a party of a more than handsome settlement, when deciding cases involving huge fortunes. Through this precedent, the court is thereby enabled to go beyond the basic requirements and needs of the parties, and make it possible for the wealth to be represented while making settlements. Lord Donald Nicholls made it clear in his leading speech that much of what he expressed and decreed was with the intention for it to be applicable henceforth to all cases relating to finance in divorce proceedings, and not to be limited to cases concerning vast fortunes. The equality of division should always be used as the yardstick for every judge to measure their contemporary views against. However, the intent was not to give equality to all, but to ensure the prevention of discrimination; in this particular case, giving recognition to the non-financial contributions of a parent and spouse.
