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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 14783
Experience:  Senior Associate Solicitor
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What are all the relevant factors to be considered in the

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what are all the relevant factors to be considered in the Matrimonial causes Ac, section 2.5 mean?

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

When the court considers a division of the finances, it will consider the factors contained within Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement. Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your spouse), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage, your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, any medical needs and so on. Inheritance (imminent or due soon) is also taken in to account - this is provided for under Section 25(2)(a) of the Matrimonial Causes Act 1973 - inherited assets fall to be considered as "other financial resources" has or is likely to have "in the foreseeable future".

When the court considers the above factors, the starting point is 50% but it can adjust this to ensure fairness between the parties. E.g. if your spouse earns more than you, you can ask for more than 50% to ensure fairness.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 8 days ago.
what are the list of factors set out in section 25 of the matrimonial causes act?

Hello, as per Section 25 (https://www.legislation.gov.uk/ukpga/1973/18), the court shall in particular have regard to the following matters—

(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, including 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;

(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;

(h)in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit ... which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

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Customer: replied 8 days ago.
thank you