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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 16351
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I need help with an assignment question, UK, not much i just

Customer Question

I need help with an assignment question
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: not much i just need help identifying case law and legislation
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That’s all
Submitted: 10 days ago.
Category: Law
Expert:  INC Law replied 10 days ago.

Hi,

Thank you for your query, I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

Kindly explain the scenario further.

What exactly is your question in relation to this?

Customer: replied 10 days ago.
The question is: advice mrs davies on how the court will approach the question of her share in her husbands wealth
Customer: replied 10 days ago.
I need legislation and cases
Expert:  INC Law replied 10 days ago.

Hi,

A Court must take into account the Matrimonial Causes Act 1973 (and Civil Partnership Act 2004) which deals with the issues that the Court need to take into consideration. These include:

(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 (typically a pension).

Caselaw can be found at www.bailii.org

I hope this helps. If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 10 days ago.
Would you have any case law
Expert:  INC Law replied 10 days ago.

You can find caselaw at www.bailii.org

Expert:  INC Law replied 10 days ago.

I do not have any caselaw to hand as I am currently working from home.