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GLOSSARY

Section 25 factors definition

Published by a LexisNexis Family expert

What does Section 25 factors mean?

The matters to which a court must have regard when determining an application for financial provision in matrimonial proceedings under section 25 of the Matrimonial Causes Act 1973.

These factors apply equally to civil partnership proceedings. Civil Partnership Act 2004, Sch 5, pt 5, para 21(2).

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Factors considered by the court on financial provision

This Practice Note provides an introduction to the factors to be taken into account by the court by virtue of the legislative provisions of section 25 of the Matrimonial Causes Act 1973 (MCA 1973), often known as the section 25 factors, or the section 25 checklist, and the equivalent provisions in Schedule 5, Part 5 to the Civil Partnership Act 2004 (CPA 2004). The checklist applies where the court is considering whether, and in what manner, to exercise its powers under MCA 1973, ss 23, 24, 24A, 24B or 24E (or their civil partnership equivalents), ie as to financial provision orders (periodical payments and lump sum orders), property adjustment orders, orders for the sale of property, pension sharing orders and pension sharing compensation orders. See also Practice Note: Financial proceedings—orders that can be made by the court.The section 25 checklistDespite the great wealth of case law in respect of financial claims on divorce, the starting point for the courts and legal representatives alike is the checklist set out in MCA...

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Financial provision after overseas divorce or dissolution—client guide

Financial provision after overseas divorce or dissolution—client guide This document provides general guidance regarding an application for financial provision after overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984 (or an overseas dissolution under Sch 7 to the Civil Partnership Act 2004). Your family lawyer will be able to provide specific advice based on your circumstances. Basics Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984)[ or its Civil Partnership Act 2004 (CPA 2004) equivalent], [spouses OR civil partners] who have had their [marriage OR civil partnership] dissolved overseas and who have a connection with England and Wales may access financial remedies available in England and Wales if the court considers it appropriate for such orders to be made. Either party may apply where a [marriage OR civil partnership] has been dissolved or annulled, or a legal separation has been granted in proceedings abroad, unless that party has since remarried or formed a new civil partnership. The overseas divorce/dissolution,...

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