• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Matrimonial Causes Act - Essay following family supervision four.

Extracts from this document...

Introduction

Laura Jenkins Jesus College, part II law Essay following Family Supervision four The first point to note is that the divorce courts have very wide discretion about how property and assets are divided up upon divorce. Under section 25 of the Matrimonial Causes Act 1973 certain considerations are paramount, such as the welfare and housing arrangements of minor children. There then follows a list of factors that must be taken into account, although these may be disregarded by the court in the presence of other evidence: the court merely has a duty to consider these factors, rather than impose orders upon the basis of them. The principle laid down in White v White stated that, although there is no presumption of equality upon divorce, if the court intended to depart drastically from an equal splitting of assets they should have good reason to do so. Also under the authority of Lambert v Lambert, when assessing ancillary relief the court should not place greater weight upon the financial contributions of the breadwinner over that of the homemaker as a justification for an unequal division of assets. i) The first thing that A will want to consider is the possibility of obtaining a maintenance pending suit under section 22 of the MCA; this will compel L to make financial provision for A and the children until the outcome of the court proceedings is known. ...read more.

Middle

Taking into account the needs of certainly the youngest child, for immediate stability and a home, this would not seem unreasonable. Next, there is the issue of spousal support and/or a lump sum settlement. As L has already conceded his interest in the family home it would seem inequitable to make an immediate payment from L to A at this point, as this may reduce his ability to find a new home of his own etc. However, due to A's age and the fact that she still has a minor child A is likely to need some support to readjust, particularly as it is likely that she will stop work for L, with or without remuneration, upon her divorce. Thus, the court has the power to order periodic payments from L to A for either a fixed period or indefinitely. Due to A's age and possibility of her achieving gainful employment in the future the court would be more likely to order periodic payments for a period of, say, three years. This can be achieved under s. 23(1) of the MCA. Given L's lump sum and his likely earning power, �10,000 a year for three years does not seem unreasonable. ...read more.

Conclusion

However, if the order were by consent, the financial positions of both parties are much more likely to be taken into account, particularly as A in this case has greatly enhanced her position. However, in keeping with the "clean break" principle whereby both parties should, at the point of divorce be able to conduct their subsequent lives in the manner they choose and free from interference by the other party, courts are reluctant to get involved once an order has been made, save in exceptional circumstances. After one year has elapsed from the granting of a consent order, L may return to court in order to attempt to get the original orders changed. It is unlikely that he will be able to do anything about his financial responsibility for his older two children as they remain his children and thus his responsibility. Given the rise in value of the house and the arrival of a, potentially paying, D, it is however plausible that he will be able to cease spousal maintenance payments from the date of the second court hearing. The court has no jurisdiction to re-readjust property division or pension rights once the decree absolute has been granted, MCA s. 31(1), so L would not be able to change his original settlement in this respect. However, it remains L's best chance to get the order altered if it was originally embodied in a consent order. Laura Jenkins ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. LAW OF TORTS II

    This factor was supported by the Ministerial Meeting on Public Liability when the Ministers suggested: "unpredictability in the interpretation of the law of negligence is a factor drivig up [insurance] premiums."6 Further to this were concerns that liability arising from personal injury and death were without much limitation.

  2. Is Nuclear Power the Answer for the Future?

    The French and UK breeder reactor programs have also been permanently closed. There is also no foreseeable commercial development of fusion reactors. Additionally, uranium supplies are rapidly diminishing. The combined effects mean that nuclear power will not be able to supply the long-term needs of the world's energy demands. http://skeptically.org/onwars/id10.html.

  1. The Law Relating to Negotiable Instruments

    the payment is not good against the drawer, nor is the banker entitled to a refund from the-payee (because the payee gets payments of an otherwise valid check), and the banker will have to bear the loss caused by such payment.

  2. Petrol excise should not be excluded

    will be properly spent, as corruption and mismanagement in many of the recipient countries are legend. We can help establish the foundation for resurgence of national development and enterprise. Such schemes would be the building of new roads and ports, water conservation, reafforestation and other sensible and practical projects.

  1. prisoners rights

    The Committee has made certain suggestions in this regard too. There is yet another baneful effect of overcrowding. The same is that it does not permit segregation among convicts - Those punished for serious offences and for minor.

  2. Justices of the Peace - Magistrates Courts

    Individual magistrates sit in the Crown Court with a Circuit Judge or Recorder to hear appeals from other magistrates' courts; although they are expected to accept the judge's rulings on matters of law, they have equal voting rights and two magistrates can outvote the judge on the verdict and/or the sentence.

  1. Is Diminished Responsibility Relevant?

    Responsibility make a great deal of sense and displays the need for this merciful function with in the law. His psychiatrist felt that this 27 year old man had a history of an abused and traumatic upbringing by an alcoholic and depressed mother and a step father who he saw

  2. Examine the effects of this Act and its sister enactments, in order to determine ...

    and (3) and section 4, the purported conveyance shall be void" The operation of s 3 (1) was discussed in Barclays Bank v. Carroll1. This case involved a husband who transferred the family home to C, without having obtained his wife's prior consent to the transfer.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work