Factors considered by the court

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Section 25 checklist

The starting point for the courts and practitioners alike on an application for a financial order is the checklist set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973) and the equivalent provisions in Schedule 5, Part 5 to the Civil Partnership Act 2004 (CPA 2004). The factors are:

    •the income, earning capacity, property and other financial resources that each of the parties to the marriage has or is likely to have in the foreseeable future, including, in the case of earning capacity, any increase in that capacity that it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire•the financial needs, obligations and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future•the standard of living enjoyed by the family before the breakdown of the marriage•the age of each party to the marriage and the duration of the marriage•any physical or mental disability of either of ...

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Latest Family News

Family weekly highlights—26 June 2025

This week's edition of the Family weekly highlights includes analysis of the new Pension Schemes Bill and consideration of Hadkinson and unless orders where there is a failure to comply with a legal services payment order. Recent judgments on the interaction between accommodation under the Children Act 1989 and the Immigration and Asylum Act 1999 and the inherent jurisdiction to facilitate the summary return of a child are considered. Two new flowcharts on applications under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 1980 Hague Convention) and the limited defences that may be raised in response to an application under the 1980 Hague Convention are also set out.

Hadkinson versus unless orders (Ahmad v Faraj)

Family analysis: The court was concerned with the failure of one party, the husband, to comply with a legal services payment order (LSPO) made in favour of another party, the wife, in order to fund her representation on appeals made by the husband and the second respondent (IBB). The husband and IBB appealed a first instance decision in a financial relief matter and the wife secured a LSPO against the husband for representation during the appeal proceedings. The husband did not comply with that order and the wife applied for an unless order or Hadkinson order to be made to enforce the LSPO. The court declined to make an unless order as it was disproportionate to immediately dismiss the husband’s claim. The court did make a Hadkinson order (per Hadkinson v Hadkinson), which was considered more proportionate and the conditions in de Gaffori v de Gaffori for making such an order were satisfied. Anastasia Gilfillan, barrister, and Emily Lennon, pupil, at 1 Hare Court, consider the decision.

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Family weekly highlights—12 June 2025

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