A10566 :
The law: Miller (Appellant) v. Miller (Respondent) and McFarlane (Appellant) v. McFarlane (Respondent) [2006] UKHL 24
In Miller there were two leading speeches, those of Lord Nicholls and Baroness Hale. Lord Mance & Lord Hope agreed with both speeches, but Lord Hoffmann only agreed with Baroness Hale. Baroness Hale, therefore, had the majority vote - see S v S (Non-Matrimonial Property: Conduct) [2006] EWHC 2793 at paragraph [23].
P149. …Family assets were described by Lord Denning in the landmark case of Wachtel v Wachtel [1973] Fam 72, at 90:
"It refers to those things which are acquired by one or other or both of the parties, with the intention that there should be continuing provision for them and their children during their joint lives, and used for the benefit of the family as a whole."
Prime examples of family assets of a capital nature were the family home and its contents, while the parties' earning capacities were assets of a revenue nature. But also included are other assets which were obviously acquired for the use and benefit of the whole family, such as holiday homes, caravans, furniture, insurance policies and other family savings. To this list should clearly be added family businesses or joint ventures in which they both work. It is easy to see such assets as the fruits of the marital partnership…
P152. My lords, while I do not think that these arguments can be ignored, I think that they are irrelevant in the great majority of cases. In the very small number of cases where they might make a difference, of which Miller may be one, the answer is the same as that given in White v White [2001] 1 AC 596 in connection with pre-marital property, inheritance and gifts. The source of the assets may be taken into account but its importance will diminish over time. Put the other way round, the court is expressly required to take into account the duration of the marriage: section 25(2)(d). If the assets are not 'family assets', or not generated by the joint efforts of the parties, then the duration of the marriage may justify a departure from the yardstick of equality of division. As we are talking here of a departure from that yardstick, I would…
2026-08-01 14:14:59