Fairness and Justice for All? The House of Lords in White v. White [2000] 2 F.L.R. 981

In the recent U.K. decision of White v.White, the House of Lords clarified thelaw to be applied in applications under s. 25of the Matrimonial Causes Act 1973. Itconfirmed that the overriding goal of the courtin such cases was to achieve fairness, but,crucially, it articulated a view of fairnesswhich took equality and non-discrimination asstarting points. On this view, the courtchallenged historically gendered assumptions offairness, contribution to the family welfare,and the value of different kinds of work. Whilethe decision has far-reaching potential toachieve a form of substantive equality forwomen in cases of divorce, there is a dangerthat it may be confined to those cases, andissues of family finances will continue toappear unrelated to broader state policies.