MCA allows parties to a marriage, and children of the family, to obtain financial relief.

The categories of obtainable financial relief are specified in MCA s21, which provides for:
• Financial Provision Orders (including periodical payments, periodical payments secured against an interest of the payor, and lump sums); and
• Property adjustment Orders (transfer/settlement of property to which the payee spouse is entitled)

When considering an action, the Family Division exercises its discretion, in making an Order, pursuant to MCA s25. In deciding whether or not to grant an Order for financial relief, the Family Division has a duty to consider all the circumstances of a particular case including certain specified matters. These specified matters include

"The income, earning capacity, property and other financial resources…which each of the parties has… or is likely to have in the foreseeable future…"

The objective of the Family Division is, by exercising its discretion, is to grant financial relief so as to place the spouses and the children in the financial situation that they would have been in had the marriage not broken down.

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Matrimonial Proceedings & Bankruptcy (PDF 7pgs)

Daniel Sejas 020 7264 4451 daniels@sghlaw.com