MATRIMONIAL CAUSES ACT 1973

This is the main act that covers the breakdown of marriage and the grounds for divorce. S23 financial provision orders in connection with divorce proceedings, etc. set out the orders that may be made. The most important section is about the powers under sections 23, 24 and 24a the court shall take, in particular having regard to the following matters.

• The income, earning capacity, property and other financial resources which each of the parties of 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 financial needs, obligations and responsibilities which 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 of the marriage and the duration of the marriage.
• Any physical or mental disability of each of the parties to the marriage.
• The contributions which each of the parties has made or is likely to make by looking after the home or caring for the family.
• The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.
• In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.