MATRIMONIAL
Many factors, emotional, practical and financial, have to be considered when divorce is contemplated. Every divorce situation is different and is treated as such by the courts. There are nevertheless some guidelines which are applied in all divorce cases, particularly in relation to the division of the financial assets of the marriage.
We have been involved in every variation, from high net worth families sharing out millions to people whose assets and income barely supported them under one roof, never mind two.
Decisions of English Divorce Courts are based primarily on statutory guidelines and also on previously decided cases.
These guidelines are known as the Section 25 Criteria because they are found in Section 25 of the Matrimonial Causes Act 1973. Each divorce case will depend on its own facts but the starting point is always the statutory criteria.
A Summary of the Section 25 Guidelines
- The circumstances of the case
- The welfare of the children
- No one factor more important than the others
- Financial resources:
- Income and earning capacity
- Earning potential
- Property
- Expectations
- Financial needs, obligations and responsibilities
- Standard of living during the marriage
- Age of the parties
- Duration of the marriage
- Whether any of the parties has a disability
- Contributions of the parties
- Conduct of the parties
