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FAQs

What does the Court take into account when it makes a decision (financial order)?

When determining an appropriate financial settlement, the Court’s first consideration will be the welfare of any minor children of the family who have not yet attained the age of eighteen, this does not however mean that their welfare overrides all other considerations. The Court must then consider the various factors set out in Section 25 of the Matrimonial Causes Act 1973, which are:

(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c) the standard of living enjoyed by the family before the breakdown of the marriage;
(d) the age of each party to the marriage and the duration of the marriage;
(e) any physical or mental disability of either of the parties to the marriage;
(f) the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
(g) the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.

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