Notesale: Turn your study into money

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FAMILY – financial consequences (lecture 4)
FINANCE: Part II MCA 1973 (married couples)/s72(1) and sch 5 CPA 2004 (civil partners)
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Judicial efforts to resolve the confusion; Miller, McFarlene– fairness requires needs of
spouse and children to be satisfied, compensation to redress future economic imbalance, equal sharing of ‘matrimonial assets’ acquired
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FACTORS TO BE CONSIDERED BY THE CT
-s25(1)-all circumstances of the case
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S25(2)(a) – income, earning capacity, property,
etc

CLEAN BREAK
*Object is to settle finances once and for all –
Minton
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*Pre marital assest
ORDERS
*Post separation assets limited circs – Rossi; B v B
Financial Provision Order (lump sum)
*Future earning capacity – A v A (financial
provision)
*TP assets – X v Y
S25(2)(b) – needs, obligations and responsibility

*Periodical payment (regular payment of money):
no guidance as to amount: can be limited/indefinite
period (s23) – Parlour; can be varied, discharged
or suspended (s31) – I v I; only if former spouse
hasn’t remarried; doesn’t promote idea of clean
break- Fleming; W v W

*Most basic need is provision of accom and
expenses associated with food, clothing etc
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*Lump sum –allows clean break; instalment
payments will survive a remarriage/death of payer
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*Types: Transfer of property (usually in exchange
for lump sum), Mesher order (dependent on future
event) and Martin order (remain in house until
remarriage/death)
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*Disability post marriage: Seaton v Seaton

FINANCIAL ORDERS

S25(2)(f) – contributions

* Regard all circs of case but consider break
(s31(7))
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S25(2)(g) – conduct
*Either party can apply for financial provision
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Not speculative – S v S
re inheritance
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*Barder - must be change in circs, event must have
occurred soon after the original order, application
for leave must be prompt, no prejudice to TP
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On divorce: Can be incorporated into consent
order
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