Financial provision on divorce, etc.

9 Principles to be applied.

1

The principles which the court shall apply in deciding what order for financial provision, if any, to make are that—

a

the net value of the matrimonial property should be shared fairly between the parties to the marriage F1or as the case may be the net value of the partnership property should be so shared between the partners in the civil partnership;

b

fair account should be taken of any economic advantage derived by either F2person from contributions by the other, and of any economic disadvantage suffered by either F2person in the interests of the other F2person or of the family;

c

any economic burden of caring,

F3i

after divorce, for a child of the marriage under the age of 16 years

F4ii

after dissolution of the civil partnership, for a child F12of the civil partnership, under that age F13...,

should be shared fairly between the F5persons;

d

a F6person who has been dependent to a substantial degree on the financial support of the other F6person should be awarded such financial provision as is reasonable to enable him to adjust, over a period of not more than three years from

F9i

the date of the decree of divorce, to the loss of that support on divorce,

F10ii

the date of the decree of dissolution of the civil partnership, to the loss of that support on dissolution,

e

a F7person who at the time of the divorce F8or of the dissolution of the civil partnership, seems likely to suffer serious financial hardship as a result of the divorce F8or dissolution should be awarded such financial provision as is reasonable to relieve him of hardship over a reasonable period.

2

In subsection (1)(b) above and section 11(2) of this Act—

  • “economic advantage” means advantage gained whether before or during the marriage F11or civil partnership and includes gains in capital, in income and in earning capacity, and “economic disadvantage” shall be construed accordingly;

  • “contributions” means contributions made whether before or during the marriage F11or civil partnership; and includes indirect and non-financial contributions and, in particular, any such contribution made by looking after the family home or caring for the family.