Equality means 50:50

Lambert v Lambert (CA TLR 27 November)

The husband’s contention that his contribution to the family fortune of some £20m was exceptional and outweighed his wife’s full domestic contribution, was discriminatory and so could not be maintained. It is unacceptable to place greater value on the contribution of the breadwinner than that of the homemaker. Accordingly, the breadwinner’s success was not in itself a reason for not dividing the family fortune equally between the husband and wife, in the absence of exceptional circumstances, such as a special contribution from one of the spouses, which the court did not define:‘Contribution’ is only one of the relevant factors prescribed in s25 of the Matrimonial Causes Act 1973. In this field it is unrealistic to expect clarity or predictability of outcomes. Specialists in the field have yet to suggest a principle or mechanism that might produce greater certainty or predictability within the very wide discretionary field adopted by Parliament in the Matrimonial and Family Proceedings Act 1984. Such new approaches as had been advocated or debated all required legislation for their introduction. Accordingly, it must be recognised that a largely unfettered judicial discretion came at a price.