S v S

In Miller v Miller [2006] 1 FLR 1186 Lord Nicholls states in paragraph 4 of his judgment:-

Lord Nicholls therefore identifies the first principle to be applied is the search for fairness. He continues at paragraph 13: -

(1) Although the Matrimonial Causes Act 1973, Section 25 is couched in terms of the widest discretion, guidelines are needed to ensure consistency of judicial decision making and to limit peoples' exposure to costs;

(2) The implicit objective of Section 25 is to achieve a fair outcome, giving first consideration to the welfare of any children;

(3) Fairness is a flexible concept that can move with the times, but in current conditions, it means that at the very least, there can be no discrimination between husband and wife in their respective roles;