Q&As

How will the court approach a soft loan and what factors might it consider?

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Published by a LexisNexis Family expert
Published on: 12 November 2014
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Section 25(2)(a) of the Matrimonial Causes act 1973 (MCA 1973) provides that the court must have regard to:

'…the income, earning capacity, property and other financial resources which 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 which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire.'

The court will be concerned with the parties' net assets and therefore any liabilities must be evidenced and taken into account. The court may draw a distinction between

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Loan definition
What does Loan mean?

An advance of funds from one party (the creditor) to another party (the debtor) for a period of time. The funds can be advanced for an agreed period or be repayable upon demand. Interest is usually paid on the advance which can be secured or unsecured

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