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The court has to consider section 25 of the Matrimonial Causes Act 1973 in
order to make a decision as to how to divide your assets, incomes and
liabilities.
The court considers all the circumstances of the
case, giving first consideration to the welfare of any children of the
family under the age of 18. The court then has regard to the following
matters:
(a) The income, earning capacity, property and other
financial resources which each spouse 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 be, in the opinion of the court, reasonable
to expect a person to take steps to acquire.
(b) The financial
needs, obligations and responsibilities which each spouse 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 ages of each spouse and the duration of the marriage.
(e)
Any physical or mental disability of each spouse.
(f) The
contributions which each spouse has made or is likely to make in the
foreseeable future to the welfare of the family, including any contribution
by looking after the home or caring for the family.
(g) The
conduct of each spouse, if that conduct is such that it would in the
opinion of the Court be inequitable to disregard.
(h) The value
to each spouse of any benefit which one spouse because of the divorce will
lose the chance of acquiring (most usually pension provision).
Amanda
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