Financial Order (formerly Ancillary Relief) � Court Factors

Section 25 (2) Matrimonial Causes Act directs the Court in particular to have regard to the following matters when dealing with an application for financial order (ancillary relief) for a party to the marriage.

a) The income earning capacity and other financial resources which each of the parties tp the marriage has or is likely to have in the foreseeable future 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 the parties of the marriage to take steps to acquire.

b) The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.

c) The standard of living endured by the family before the breakdown of the marriage

d) The age of each party to the marriage and the duration of the marriage

e) Any physical or mental disability of either of the parties to the marriage

f) The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family including any contribution by looking after the home or caring for the family.

g) The conduct of each the parties if that conduct is such that it would in the opinion of the Court be inequitable to disregard it.

h) In the case of proceedings for divorce or nullity of marriage the value of each of the party to the marriage of any benefit (for example a pension) which by reason of the dissolution or annulment of the marriage that party will lose a chance of acquiring.

Financial arrangements in divorce can often be a complicated area of the law. For that reason it's a good idea to seek complete and reliable legal advice and assess your options.

To get in touch with the expert divorce law solicitors at Percy, Hughes and Roberts, call us on 0800 781 3894 or fill in our online enquiry form.