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Family Law ConcentrateLaw Revision and Study Guide

Family Law Concentrate: Law Revision and Study Guide (5th edn)

Susan Heenan and Anna Heenan
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date: 03 October 2022

p. 795. Financial provision on divorce or dissolutionlocked

p. 795. Financial provision on divorce or dissolutionlocked

  • Susan HeenanSusan HeenanVisiting Fellow, University of the West of England Law Tutor, Cardiff University Visiting Lecturer, Exeter University
  •  and Anna HeenanAnna HeenanConsultant, Family Law Practice Lecturer in Law, Cardiff University

Abstract

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses financial provision on divorce or dissolution of marriage or civil partnership, including housing and everyday expenses of the parties and any children involved. It considers the courts’ statutory powers to redistribute property in case of divorce, nullity, judicial separation, or the dissolution of a civil partnership. The chapter explains how civil partners in England and Wales are treated under the Civil Partnership Act 2004 (CPA) and the courts’ application of the provisions of the Matrimonial Causes Act 1973 (MCA) in reaching a decision in divorce cases. It also discusses the three principles of financial needs, compensation, and sharing used by the courts in making an award; nuptial agreements; the Law Commission Report on Matrimonial Property, Needs and Agreements; and provision for children under the MCA, the CPA, the Child Support Act 1991, and the Children Act 1989.

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