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Extra info for Family Law (Key Cases)
Fairness might require quite a different approach if the inheritance was a pecuniary legacy that accrued during the marriage than if the inheritance were a landed estate that had been within one spouse’s family for generations and had been brought into the marriage with an expectation that it would be retained in specie for future generations. On the facts it was fair that the wife got a needs-based award. 7 Short marriages CA H v H (Financial Provision: Short Marriage) (1981) 2 FLR 392 Balcombe LJ ‘[With] short marriage[s] between two young persons, neither of whom has been adversely affected financially by the consequences of the marriage and [where] each .
As soon as the wife’s responsibilities as home-maker for the children reach a point of natural termination, the husband is entitled to his capital share. HC B v B (Mesher Order)  EWHC 3106 (Fam) The wife obtained an outright lump sum. The husband claimed it should be a Mesher order. The court must look at the fairness of the order, both now and when it is implemented in the future. An outright lump sum was correct because a Mesher order would confer a slight advantage on the husband but cause the wife a significant disadvantage in the future.
Lord Nicholls ‘Fairness is an elusive concept. It is an instinctive response to a given set of facts. Ultimately it is grounded in social and moral values. These values or attitudes can be stated. But they cannot be justified or refuted by any objective process of logical reasoning. Moreover they change from one generation to the next. 5 million. After a 35-year marriage the wife sought an equal share, claiming that indirectly via her role as wife and mother she had contributed to the success of the companies.