Factors in Financial Proceedings under s25 Matrimonial Causes Act 1973

1. The court is required to have regard to all the circumstances of the case, with the first consideration being given to the welfare of a minor child of the family who has not attained the age of 18. A child of the family is defined as a child of both parties to the marriage or civil partnership, and any other child who has been treated by both parties as a child of their family. This will therefore include step-children. (Section 25 (1))
2. The income, earning capacity, property and other financial resource which each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire (Section 25 (2)(a))
3. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future. (Section 25 (2)(b))
4. The standard of living enjoyed by the family before the breakdown of the marriage. (Section 25 (2)(c))
5. The age of each party to the marriage and the duration of the marriage (Section 25 (2)(d))
6. Any physical or mental disability of either of the parties to the marriage (Section 25 2(e))
7. 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. (Section 25 (2)(f))
8. The conduct of each of the parties, whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be), dissolution or annulment of the marriage, if that conduct is such that it would in the opinion of the court be inequitable to disregard it. (Section 25 (2)(g))
9. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. (Section 25 (2)(h)

* in cases where there are young children, the Court’s first concern will always be the welfare of those young children and how their needs will be met. In reality, the decisive factor in the majority of cases is the reasonable needs of the parties and the children of the family.