Solicitors, solicitor mediators and the Judges of the court refer to a checklist of factors when deciding what to do with regard to the family finances. The checklist derives from the Matrimonial Causes Act 1973 and is contained in Section 25. The list requires the court to consider:-
- The income, earning capacity, property and financial resources each spouse has or is likely to have in the future.
- The spouses’ needs, obligations and responsibilities now and in the future.
- The standard of living before the family breakdown.
- The ages of the spouses and duration of the marriage.
- Any physical or mental disabilities.
- The contributions made or to be made in looking after the family and the children.
- The conduct of the spouses where it would be unfair to disregard it.
- The value of a benefit which will be lost by reason of the divorce.
The courts main priority is always any young children.