Fairness in financial cases
When a divorcing couple’s finances have to be decided by a judge (which is unusual – most couples agree on a financial settlement), the judge has various factors that he is allowed to take into account. Broadly it is up to the judge to decide which factors are relevant in a particular case and what weight to give to each of those factors. What (s)he must do is achieve overall fairness. That means that after (s)he has carried out the initial exercise of applying the various factors (s)he must stand back, look at the effect of the proposed settlement and ask “Is it fair to both parties?”. If it isn’t, the judge must look at it again and come up with a solution that is fair.