The word ‘fair’ is ambiguous and subjective. Fair has several rather different senses, and its use is dependent on its context. To provide some examples of its ambiguity, I asked the Balance office to take their family law hats off and tell me what they thought was ‘fair’:
“Depends… in what context?”
“Fair is equal treatment”
“The determination of fairness is contingent upon a more extensive understanding of the circumstances”
To keep up with AI technology, I then asked ChatGPT:
“Fairness is about treating people equally, considering individual needs and circumstances, and ensuring transparent and unbiased processes. It involves equal opportunities, equitable treatment, and just distribution of resources. Achieving fairness can be complex, and it requires open communication and a willingness to consider multiple perspectives.”
The Ambiguity of ‘Fair’ in Legal Contexts
When we look to the law to find the answer, it poses a similar question; what is ‘just and equitable’. We are then flooded with case law and decisions that are unlikely to answer this question. This is because each matter has unique circumstances.
The cases you are looking for to decide what is “fair” may have significantly larger asset pools. They may not own real property. Maybe they had small children, while your children have grown up and are financially independent.
The precedents you are seeking your answer from are also representative of only some 5 per cent of family law matters – these are the cases that went to a final hearing because the parties couldn’t agree on the answer to this question. They were unable to find an arrangement between themselves that suited their unique set of circumstances.
While the law can guide you through your separation, before looking to it to decide what it says fair, ask yourself, what do I think is fair, and how does this idea of fairness connect to your personal context?
