S25 – Financial Remedies Can apply on or after filing divorce petition – except maintenance pending
suit. Once ‘x’ and ‘y’ divorce and ‘y’ remarries – ‘y’ can no longer sought out a financial provision
from ‘x’.
Briefly lay out the facts & state what order my client may want:
The parties have agreed the value of the house is…
‘x’ wants the house and ‘y’ wants to sell…
‘x’ wants part of the pension / maintenance/ property adjustment order…
‘x’ think ‘y’ should purchase new property…
What are my client’s needs?
State what my client’s needs are (home/maintenance/lump sum to get mortgage/car) and state what the other party’s
needs are.
State:
When the court is considering a financial application, they must have regard to s25 MCA, and have regard to all the
circumstances of the case
S25(1) MCA – children first:
The court is required under s25(1) would first consider the welfare of any minor child. In particular, they will consider
factors under s25(3):
a. The financial needs of the child
b. The income, earning capacity (if any), property and other financial resources of the child
c. Any physical or mental disability of the child
d. The manner in which the parties to the marriage expected the child to be educated.
e. Section s25(2)(a,b,c & e) of the s25 factors should also be considered.
What does the child need? APPLY –
will need a home
Stay close to school / stay at current school would be best for child – no disruptions
Separate rooms needed?
Would need to be maintained still – enough assets in the family to do this?
S25(2)(a) – income:
The court will consider the income, earning capacity and property or other financial resources currently and in the
foreseeable future which both parties have and may have.
What are the party’s income – and how would this affect the courts consideration based on their needs?
What is each party’s income?
Chance of earning more in future?
Chance of earning less in future?
What is each party’s savings / other assets?
Will ‘x’ get a job / go back to work?
Would ‘x’ be able to get a mortgage?
Would ‘x’ need maintenance as their income is lower?
Property arrangements / needs
Who owns it?
Is the house surplus to what the parties need?
Does party wanting to remain have the ability to afford mortgage payments / bills…?
What is the net equity in the property (value after cost of sale and mortgage repayments)
Who needs a new property?
Should both get a new property?
who contributed to purchase price?
, S25 – Financial Remedies Can apply on or after filing divorce petition – except maintenance pending
suit. Once ‘x’ and ‘y’ divorce and ‘y’ remarries – ‘y’ can no longer sought out a financial provision
from ‘x’.
S25(2)(b) – financial needs, obligations, and responsibilities:
The court will assess the parties’ financial needs, obligations and responsibilities
APPLY –
Applicant’s needs – now and future: House/maintenance/lump sum/periodical payments?
Respondent’s needs – now and future: House/maintenance/lump sum/periodical payments?
Can both parties afford accommodation/ can ‘x’ afford accommodation if ‘y’ stays in home?
Responsibilities towards children – care/make sure someone is home to cook dinner…
Is there another child outside of the marriage ‘x’ needs to be responsible for?
Obligations towards bills/mortgage payments/ other liabilities?
S25(2)(c) – standard of living:
The court will have regard to the parties standard of living before the breakdown of marriage.
APPLY –
Both parties likely to want same standard of living
What standard of living was enjoyed? Adequate?
The court will attempt to maintain the standard of living previously enjoyed, however if this cannot be
managed then the court will attempt to get the drop in standard of living to be borne equally.
S25(2)(d) – Age and duration of marriage:
The courts will consider the age of the party’s and the duration of the marriage. Duration (long) court can depart from
yardstick of equality / clean break.
APPLY –
Age will have a bearing on the party’s ability to re-establish independence again – younger parties have more
of an opportunity to develop their careers and earn more money that parties who are older. However, in such
a short marriage, the court is less likely to view everything the parties brought to the marriage as matrimonial
assets which need to be divided equally.
In this case…
o Duration – longer = harder to separate asses / shorter = easier for the court to implement a clean
break.
o Age – younger = potential to build career and finances are less entwined / older = potentially more
reliant on each other financially.
S25(2)(e) – physical or mental need of the parties to the marriage:
The court will consider the physical or mental needs of the parties.
APPLY
Any physical or mental needs?
Will this incur additional expenses?
S25(2)(f) – contributions parties made or likely to make towards welfare of the family/home:
The court will consider the contributions each party made and likely to make in the foreseeable future towards the
home and caring for the family. The court follows the approach of the yardstick of equality and will divert from equality
only for good reason. Thus, looking after the home is not to be regarded as inferior work – white v white.
APPLY –
Who has been primary carer and who will be in the future?
There can still be a somewhat unequal division – equality and fairness will be harder to achieve when there
are little assets as both parties will be left with minimal £.
What contributions did each party make and what will they make?
suit. Once ‘x’ and ‘y’ divorce and ‘y’ remarries – ‘y’ can no longer sought out a financial provision
from ‘x’.
Briefly lay out the facts & state what order my client may want:
The parties have agreed the value of the house is…
‘x’ wants the house and ‘y’ wants to sell…
‘x’ wants part of the pension / maintenance/ property adjustment order…
‘x’ think ‘y’ should purchase new property…
What are my client’s needs?
State what my client’s needs are (home/maintenance/lump sum to get mortgage/car) and state what the other party’s
needs are.
State:
When the court is considering a financial application, they must have regard to s25 MCA, and have regard to all the
circumstances of the case
S25(1) MCA – children first:
The court is required under s25(1) would first consider the welfare of any minor child. In particular, they will consider
factors under s25(3):
a. The financial needs of the child
b. The income, earning capacity (if any), property and other financial resources of the child
c. Any physical or mental disability of the child
d. The manner in which the parties to the marriage expected the child to be educated.
e. Section s25(2)(a,b,c & e) of the s25 factors should also be considered.
What does the child need? APPLY –
will need a home
Stay close to school / stay at current school would be best for child – no disruptions
Separate rooms needed?
Would need to be maintained still – enough assets in the family to do this?
S25(2)(a) – income:
The court will consider the income, earning capacity and property or other financial resources currently and in the
foreseeable future which both parties have and may have.
What are the party’s income – and how would this affect the courts consideration based on their needs?
What is each party’s income?
Chance of earning more in future?
Chance of earning less in future?
What is each party’s savings / other assets?
Will ‘x’ get a job / go back to work?
Would ‘x’ be able to get a mortgage?
Would ‘x’ need maintenance as their income is lower?
Property arrangements / needs
Who owns it?
Is the house surplus to what the parties need?
Does party wanting to remain have the ability to afford mortgage payments / bills…?
What is the net equity in the property (value after cost of sale and mortgage repayments)
Who needs a new property?
Should both get a new property?
who contributed to purchase price?
, S25 – Financial Remedies Can apply on or after filing divorce petition – except maintenance pending
suit. Once ‘x’ and ‘y’ divorce and ‘y’ remarries – ‘y’ can no longer sought out a financial provision
from ‘x’.
S25(2)(b) – financial needs, obligations, and responsibilities:
The court will assess the parties’ financial needs, obligations and responsibilities
APPLY –
Applicant’s needs – now and future: House/maintenance/lump sum/periodical payments?
Respondent’s needs – now and future: House/maintenance/lump sum/periodical payments?
Can both parties afford accommodation/ can ‘x’ afford accommodation if ‘y’ stays in home?
Responsibilities towards children – care/make sure someone is home to cook dinner…
Is there another child outside of the marriage ‘x’ needs to be responsible for?
Obligations towards bills/mortgage payments/ other liabilities?
S25(2)(c) – standard of living:
The court will have regard to the parties standard of living before the breakdown of marriage.
APPLY –
Both parties likely to want same standard of living
What standard of living was enjoyed? Adequate?
The court will attempt to maintain the standard of living previously enjoyed, however if this cannot be
managed then the court will attempt to get the drop in standard of living to be borne equally.
S25(2)(d) – Age and duration of marriage:
The courts will consider the age of the party’s and the duration of the marriage. Duration (long) court can depart from
yardstick of equality / clean break.
APPLY –
Age will have a bearing on the party’s ability to re-establish independence again – younger parties have more
of an opportunity to develop their careers and earn more money that parties who are older. However, in such
a short marriage, the court is less likely to view everything the parties brought to the marriage as matrimonial
assets which need to be divided equally.
In this case…
o Duration – longer = harder to separate asses / shorter = easier for the court to implement a clean
break.
o Age – younger = potential to build career and finances are less entwined / older = potentially more
reliant on each other financially.
S25(2)(e) – physical or mental need of the parties to the marriage:
The court will consider the physical or mental needs of the parties.
APPLY
Any physical or mental needs?
Will this incur additional expenses?
S25(2)(f) – contributions parties made or likely to make towards welfare of the family/home:
The court will consider the contributions each party made and likely to make in the foreseeable future towards the
home and caring for the family. The court follows the approach of the yardstick of equality and will divert from equality
only for good reason. Thus, looking after the home is not to be regarded as inferior work – white v white.
APPLY –
Who has been primary carer and who will be in the future?
There can still be a somewhat unequal division – equality and fairness will be harder to achieve when there
are little assets as both parties will be left with minimal £.
What contributions did each party make and what will they make?
