Factors considered by the court

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Release from reverse indemnity undertakings (Knight v Barnsley)

Private Client analysis: Her Honour Judge Hilder determined that the Court of Protection did have jurisdiction to determine a dispute over the claimant’s deputy’s release from reverse indemnity undertakings, on the basis that this was the method of resolution the parties had agreed to in the settlement agreement that provided for the reverse indemnity undertakings, albeit she doubted whether it was ‘right’ for civil disputes to be brought to the Court of Protection in this way. She also considered the potential tension in the Court of Protection’s role in such cases and adopted an approach to determining the dispute that aimed to ameliorate that tension whilst maintaining the Mental Capacity Act 2005 (MCA 2005)—mandated focus on P’s best interests. Written by Katherine Hampshire, barrister at Serjeants’ Inn Chambers.

Family weekly highlights—12 December 2024

This week's edition of Family weekly highlights includes a review of the most significant family law developments in 2024 and discussion of what might be the key developments in 2025. Details of the Transparency and Open Justice Board's invitation to respond to its proposed key objectives, Family Justice Council guidance on responding to allegations of alienating behaviour and updated MyHMCTS How to apply online for a divorce or dissolution guidance are set out. The expansion of the transparency reporting pilot for financial remedy proceedings and recent judgments on failure to provide accommodation and care proceedings are considered. New graphics added to Lexis+ Family Practical Guidance in 2024 are also set out.

Key family law developments in 2024 and looking ahead to 2025

Family analysis: The Lexis+ Family Practical Guidance ‘Next Generation’ Consulting Editorial Board (CEB) review the most significant family law developments in 2024 and consider what they anticipate may be key developments in 2025. The ‘Next Generation’ CEB members are Matt Foster, senior associate at Charles Russell Speechlys LLP, Aimee Jones, senior associate at Sternberg Reed LLP, Laurie Kershaw, senior associate at JMW Solicitors LLP, Sacha Lee, associate at Dawson Cornwell LLP, and David Wilkinson, solicitor at Slater Heelis.

Family Justice Council issues new guidance on responding to allegations of alienating behaviour

The Family Justice Council (FJC) has published comprehensive guidance for the judiciary and practitioners on responding to a child's unexplained reluctance, resistance or refusal to spend time with a parent, as well as allegations of alienating behaviour. The guidance, which followed an extensive consultation, dispels myths about parental alienation syndrome, reaffirms fact-finding relating both to allegations of alienating behaviour or domestic abuse as a judicial function, and emphasises the importance of considering domestic abuse allegations alongside alienation claims. It aims to centralise the child's voice and improve consistency in court approaches. The President of the Family Division, Sir Andrew McFarlane, has endorsed the guidance, urging all family justice professionals to review it carefully. The FJC also announced forthcoming guidance on neurodiversity, covert recordings, financial needs on divorce and procedures for applications for medical treatment orders for children.