WHATS A WOMAN WORTH Ruth Deech Gresham Professor

WHAT’S A WOMAN WORTH? Ruth Deech Gresham Professor of Law

Mills-Mc. Cartney • £ 28 m for a 3 -year marriage • £ 35 K for Beatrice • £ 50 K pa for charitable donations

Charman v Charman • £ 48 m, 28 year marriage to an insurance broker, no outside employment

Mrs Miller & Mrs Mc. Farlane • Mrs Miller - £ 5 m after a 3 -year marriage • Mrs Mc. Farlane £ 250 K pa for life

Judicial discretion • Judges mean to be generous and fair but have departed from the statutory principles • Discretion is expensive because unpredictable

Three sisters

The Legislation • Matrimonial Causes Act 1973 • Inheritance (Provision for Family and Dependants) Act 1975 • The Law Commission proposals: Cohabitation: the Financial Consequences of Relationship Breakdown – remedies for couples with children or who have lived together for 2 years

Why cohabit? • • One refuses to marry Previous bad experience with divorce Trial to see if marriage right Reject marriage on ideological grounds

More law is a bad idea • • • Expensive How to determine worthy relationships? Put men off commitment Gold diggers’ charter Freedom of choice

Independent arrangements • Prenuptial and cohabitation contracts should be recognised • Make joint wills, put property in joint ownership • Community of property – equal division of marital acquests

This lecture will be available to download from our website shortly www. gresham. ac. uk