Factors considered by the court on financial provision
Factors considered by the court on financial provision

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Factors considered by the court on financial provision
  • The section 25 checklist
  • Civil partnership
  • Compensation, sharing and equality
  • Special considerations

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, 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 checklist

Despite the great wealth of case law in respect of financial claims on divorce, the starting point for the courts and legal advisers alike is the checklist set out in MCA 1973, s 25.

Under MCA 1973, s 25(1), the court must have regard to ‘all the circumstances of the case’. This means that the court must look at all of the relevant issues in every case, which includes issues that are not specifically addressed in the MCA 1973, s 25(2) checklist considered below. MCA