Finances

The essence of financial matrimonial law is embodied in section 25 of the Matrimonial Causes Act 1973 which requires any court deciding these issues to effect a balancing act between the parties’ needs and obligations and their respective abilities to meet those needs set in the context of all the circumstances of the marriage.

Where there is a lot of money and the parties’ needs are easily met out of the funds available, other considerations have to be considered e.g. is an equal division of all the assets fair and appropriate? However, there are no rules which require an equal division of anything. The discretion given to the court is very wide so that there is not necessarily one right answer to a particular set of financial circumstances.  Different circumstances can be given different weight by different judges.

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Katharine Shaw
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