Needs in the Everyday Divorce

Abstract

This thesis intends to critically evaluate the current model of asset reallocation, as it is applied in everyday, low-value divorces. In particular, it will focus on the principle of need, which has come to represent an integral element of our current model’s approach. A primary research question that will guide this thesis is an assessment of why the law provides for needs on divorce. This will require a historical evaluation of the principle’s foundations in order to identify the influences that have moulded this principle into its current form. An understanding will then be developed regarding the modern facets of this principle. This will enable this thesis to question the relevant and opposing policies that regulate the principle’s contemporary operation.

It will then be queried whether it is justifiable to retain this principle in the light of its historical development, its contemporary use as well as the current state of divorce law. Alternatively, a number of proposals for reforms shall be identified and evaluated. It will be concluded that given recent legal developments and contemporary understandings of gender, obligation and marriage, the principle of needs is no longer an appropriate principle through which to govern the asset reallocation process in everyday divorces. A proposal for reforming the current model of asset reallocation will accordingly be identified and defended.