Miller v Miller (Short Marriage: Clean break)
| Jurisdiction | UK Non-devolved |
| Judge | LORD NICHOLLS OF BIRKENHEAD,LORD HOFFMANN,LORD HOPE OF CRAIGHEAD,BARONESS HALE OF RICHMOND,LORD MANCE |
| Judgment Date | 24 May 2006 |
| Neutral Citation | [2006] UKHL 24 |
| Date | 24 May 2006 |
| Court | House of Lords |
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705 cases
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Imerman v Tchenguiz and Others
...was cited to support this surprising proposition, other than an observation of Lord Nicholls in Miller v Miller, McFarlane v McFarlane [2006] UKHL 24, [2006] 2 AC 618, paragraphs [16], [20], where he referred to “[the] ‘equal sharing’ principle [which] derives from the basic concept of equa......
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B v B (Ancillary Relief: Distribution of Assets)
...common. 24 We have been taken helpfully to the landmark cases of White v White [2001] 1 AC 596 and Miller v Miller; McFarlane v McFarlane [2006] UKHL 24; [2006] 2 AC 618. These cases do not establish any rule that equal division is the starting point in all cases. On the contrary, the start......
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H v H (Divorce: Financial Provision)
...with the roles they had chosen. As Baroness Hale points out in paragraph 154 of her speech in Miller v Miller; McFarlane v McFarlane [2006] 2 AC 618 ( Miller & McFarlane) the fact that they both might have wanted to take the roles they did is neither her nor there. That is generally the fac......
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Lake v Lake
...also subsection (d) . He fortifies that submission by relying on the recent decision of the House of Lords in the case Miller v McFarlane [2006] UKHL 24. 9 In paragraph 65 Lord Nicholls corrected the approach of this court, which had had regard to the conduct of Mr Miller in its assessment ......
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6 firm's commentaries
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The Scope Of Financial Relief In England After A Foreign Divorce Is Limited In A Truly International Case
...a truly English case with the full repertoire of case law principles (of sharing, compensation and needs, as coined in Miller/Macfarlane [2006] UKHL 24) at the Court's disposal. However, with an international case such as this one the Judge found that it is not appropriate to apply the extr......
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Pre And Post-Nups - Signing On The Dotted Line
...treated as 'matrimonial' property regardless of which party funded it (the Supreme Court was clear about that in Miller and McFarlane [2006] UKHL 24), the judge reminded us that this does not necessarily mean it should be shared equally. Where contributions are significantly disparate, an u......
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Financial Entitlement In Short Marriages
...radically different way of looking at this case would, in my judgment, be manifestly unfair." Miller v Miller; McFarlane v McFarlane [2006] UKHL 24 The House of Lords held that the equal sharing principle applies to short marriages. The judge has the discretion to decide what would be a fai......
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A Recent Decision From The Privy Council Gives Guidance On The Treatment Of Non-Matrimonial Property And The Consequences Of Non-Disclosure Of Assets
...and bring about a successful resolution. Footnotes 1 (British Virgin Islands) [2016] UKPC 36 2 Miller v Miller and McFarlane v McFarlane (2006) 2 AC 618 3 White v White (2001) 1 AC 596 4 That property is shared equally. The content of this article is intended to provide a general guide to t......
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14 books & journal articles
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De Facto Cohabitation: the International Private Law Dimension
...Wermuth v Wermuth [2003] EWCA Civ 50, [2003] 1 WLR 942; Case C-433/01 Freistaat Bayern v Blijdenstein [2004] ECR I-981; Miller v Miller [2006] UKHL 24, [2006] 2 AC 618; Moore v Moore [2007] EWCA Civ 361, [2007] International Litigation Procedure 36. rights in property arising out of a perso......
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Financial Remedies
...family court. 59 MCA 1973, s 28(3). 60 MCA 1973, s 25(2)(a)–(h). 61 Stockford v Stockford (1982) 3 FLR 58, CA. 62 McFarlane v McFarlane [2006] UKHL 24, [2006] 1 FLR 1186, HL; Parlour v Parlour [2004] EWCA Civ 872. 70 The Single Family Court: A Practitioner’s Handbook maintenance should be p......
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Sticks, Stones and Words: Emotional Harm and the English Criminal Law
...of the person involved.122 PHA, s. 7(3).123 DPP v Ramsdale, Independent, 19 March 2001.124 Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 24, [2007] 1 AC 224 at[30] (Lord Nicholls).125 PHA, s. 1(1)(b).126 PHA, s. 1(2). According to R v Colohan [2001] EWCA Crim 1251 this is anobjecti......
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Conscience as the Organising Concept of Equity
...(1894) 10 London Magazine 385 at 388 (originally published in 1784, in proposition 6). 19. Miller v Miller , Macfarlane v Macfarlane , [2006] UKHL 24 [ Miller ]. 20. British Bankers Association, R v he Financial Services Authority , [2011] EWHC 999 (QB (Admin)); see Alastair Hudson, he Law ......
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