Causal and temporal connections in financial remedy cases: the meaning of marriage

Abstract

In Miller; McFarlane it was suggested that in financial remedy applications the guiding principle of fairness has three strands: needs, compensation and sharing. Each of these strands was said to be related to the parties' relationship, either causally or temporally. The ideas of causal and temporal connection have been neglected in subsequent case law. It is suggested that exploring them may provide a new way of thinking about financial remedy cases. Understanding the various rationales for allowing claims based on causal and temporal connections reveals something about the nature of marriage and the different ways that it is conceptualised in English law. The idea of causal and temporal connections is also valuable in providing a framework for thinking about those cases in which there are delays in bringing a financial remedy claim.