How are these Applications decided?

If agreement is not reached between the parties, a Court will decide how financial issues between the parties ought to be resolved. It is the case that no standard formula exists for calculating appropriate provision. Like in many other areas of law, it will depend upon the particular circumstances of the case. The factors, however, to be taken into account remain those set out in Section 25 of the MCA 1973. By way of example only, the factors include the following:-

  • The income, earning capacity, property and other financial resources of both parties;
  • The financial needs, obligations and responsibilities of both parties including those which are likely to arise in the near future;
  • The standard of living enjoyed by the parties during the course of their marriage;
  • Age of the parties and the duration of the marriage;
  • Any health issues;
  • Contributions made by either/both parties.

It shall be the duty of the Court “…….to have regard to all the circumstances of the case.” It must therefore look at any circumstances it feels are relevant to the financial issues being considered.

It should be noted that the conduct of either party will rarely be a factor in the consideration of financial remedies, unless it is, as they say, “inequitable to ignore it.” In other words, the starting point is that conduct (e.g. adultery) is irrelevant in considering a Financial Application.

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