Family Law Week: Resources and Section 25 of the Matrimonial Causes Act 1973
The concept of 'resources' in s25 of the Matrimonial Causes Act 1973 arises at s25(2)(a) of the Act. In coming to a fair order, the court must have regard to: (a) 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… Given 'financial resources' are distinguished from 'property' in the sentence, they have been taken as a separate class of asset. In this article, we aim to: • Delineate common scenarios whereby an asset owned by a third party might bear on the court's assess...