In financial remedy proceedings on divorce, where one party has vacated the matrimonial home and purchased another property would the other spouse be entitled to make a claim over the new property?

Where the court is considering whether, and in what manner, to exercise its powers under sections 23, 24, 24A, 24B or 24E of the Matrimonial Causes Act 1973 (MCA 1973), 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, it must take account of the legislative provisions of MCA 1973, s 25 often known as the section 25 factors, or the section 25 checklist. See Practice Note: Factors considered by the court on financial provision.

MCA 1973, s 25(2)(a) 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