Divorce Guide

Section 25 of the matrimonial causes act

This section deals with the fair division of the assets of the property in a marriage and the finances payable to a spouse after divorce. Though, the couple themselves decides before the final decision in this matter as to what and how they shall divide their asset. But in cases where there is no one point reached between the spouses, then this act of section 25 of the matrimonial act 1973 comes into play.

As the society changes, so does court’s interpretation of the section 25 factors, so the court looks in a particular way as every case is unique and the court shall take a closer look at every detail and take the judgment. The child welfare is main priority of the court of law.

Factors taken into account by the court:

1. The income, earning ability, assets and other monetary resources that each of the parties to the marriage has or is likely have in future which can be in terms of investments, mutual funds or shares are looked under the microscope.
2. The financial needs, obligations or any liability shred by both the spouses or individually.
3. Age of the couple and the duration of their marriage.
4. The share of contribution each spouse has given into the family, and for wellbeing of the members.
5. Conduct of each parties during the proceedings and otherwise too.
6. To check the value of the parties to the marriage of any benefit, which by dissolution of the marriage, the partner might lose the chance of getting it.

The courts looks after cases, and checks the person who has the family house, so that the other spouse also gets an equal share or living throughout life, if her income is low.

Other considerations of the court are:

1. Financial needs: the first aspect of the financial dispute is that the parties’ needs are met, in a way that children also have a home to live in.
2. Compensation: this arises at addressing any significant economic disparity between the two, arising from their marriage. As if one spouse has given up her job to look after the children, then the other spouse must send a living to the spouse and children throughout, until the child has reached majority, care for home and support in extremes of situation.
3. Sharing: man and wife are considered equal share holders and the principle as put up by section 25 is whether there are sufficient reason to depart from the marital property and most cases don’t see a 50-50 split usually.

In all the section deals with the fair division of the assets of the property in a marriage and the finances payable to a spouse after divorce which is one of the important factors to be considered during or after a divorce.

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