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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 assessment of resources and consider their appropriate legal taxonomy.