FAMILY LAW Essay Example | Topics and Well Written Essays - 1500 words

FAMILY LAW - Essay ExampleUnder the MCA, a lump sum order whoremaster be made to enable the payee to comply with pre-existing liabilities and expenses already incurred such as the outstanding mortgage payments in the current scenario or alternatively it could be use to enable a spouse to take training as Ann has indicated. In such cases, an order can only be made if Timothy has the appropriate capital5.Section 25A requires courts to shoot the desirability of promoting cessation of fiscal obligations between the parties. In ancillary relief applications, there is a mandatory judicial obligation to consider a clean break or impose a time limit on pecuniary obligations. However, as highlighted in SRJ v DWJ,6there is no judicial presumption towards a clean break. It is further unequivocal from the decision in Miller and Mcfarlane7, that the courts favour wives of wealthier spouses in divorce, which places Ann at an advantage8.Nevertheless, the overriding sentiment of the MCA is to en courage spouses to pass away independent and the courts will follow the section 25 guidelines9. With regard to the judicial approach to Anns demands for maintenance, in Wachtel v Wachtel10, the courts adopted a one third formula as a starting point. Moreover, as a result of the decision in White v White11the House of Lords determined a benchmark approach of equal division in surplus asset cases12.With regard to the property and maintenance, the house is together with owned and Ann and Timothys children are adults and have moved away. Accordingly, the appropriate approach as highlighted in Piglowska v Piglowska13 is to consider the specific criteria in section 25(2) of the MCA, which creates no priority.Section 25(2)(a) and (b) are relevant and thereof the present and future income and other financial resources of both parties, including any increase in capacity that is levelheaded to expect a party to take