Family Law: MCA 1973

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What is the MCA 1973?
The Matrimonial Causes Act 1973
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What kind of powers do the court's have?
Wide discretionary powers guided by both statutory rules and case law rules
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What is the courts first consideration?
The children
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What duty do the courts have?
They have a duty to not put too much pressure on the state (e.g. benefits)
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What section relates to the definition of MCA?
S25(1) MCA / Schedule 5, Paragraph 21
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What is highlighted from the definition?
The court must take into account 'ALL OF THE CIRCUMSTANCES' and that children must be given 'FIRST CONSIDERATION'
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What are the key points from this section?
Stability for the children is key, it might be contrary for the Childs interest for either parent to live in difficult circumstances, may mean that one parent has little to no money to house themselves
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What is a case relating to having no money for housing after divorce?
B v B
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What is the analysis of the word 'first' in the fact that children get first consideration?
Children should be given first consideration, but it is not the upmost overriding (NOT PARAMOUNT), it is an important factor but not the ONLY factor
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Who does the MCA cover?
The children and the family: stepchildren who have lived in the matrimonial household, but does not extend to cover children born after the breakdown of the marriage
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What is an evaluation point on who the MCA covers?
It may not be fair that the statute covers existing children but not children born after, shows some preference
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What is a limitation on who the MCA covers?
Only children under the age of 18, however children over 18 will be taken into account of 'all of the circumstances'
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What section relates to Earning Capacity?
S25(A) and Paragraph 21
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What things come under earning capacity?
Assets such as cars and pensions (things of value), the persons future earning potential
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What is the general rule on people who have never worked?
If never worked, should not be penalised as that was how the marriage was arranged
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What is an important factor within earning capacity?
The income of a new partner
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What are the rules under the income of a new partner?
When a party remarries, first spouse is no longer required to pay financial support but less clear for cohabitation
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What section covers duration and age of marriage?
S25(D) MCA 1973
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What section covers financial needs?
S25(B) MCA 1973
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What section covers conduct of the parties?
S25(G)
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What section covers physical/mental illness?
S25(E)
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What section covers contributions?
S25(F)
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What section covers the standard of living?
S25(C)
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What are some factors regarding a new partner?
When a party remarries the first spouse is no longer required to pay financial support
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What is a case on a new partner?
Re Grey: a husband's contribution was lessened
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What is a case regarding what people should contribute?
Grey v Grey: court should take into account money that someone should contribute
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Factors on financial needs?
Court must take into account subjectively (every case is different), needs do not always have to arise from the marriage, housing is a priority
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What is a case relating to financial needs?
Robson v Robson: took into account the wives wishes
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What are the factors among standard of living?
The general rule is to keep the parties in the standard of lifestyle that they enjoyed
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What is a case example on standard of living?
Preston v Preston: after 23 years of marriage to a millionaire the wife was entitled to expect a very high standard of living
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What are some factors amongst age and duration of marriage?
Length of the marriage is the most important factor
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What is a case example of duration of marriage?
Attar v Attar
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What do courts want to do in short marriages?
Put the parties back to their pre-marital state
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Factors on periods of cohabitation?
No distinction or stigma towards it
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Case example of cohabitation?
M v M: court did not draw a distinction between periods of cohabitation and marriage
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Factors on physical and mental disabilities?
Overlaps with needs/capacity
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Case example of physical/mental disability?
C v C: disabled husband was granted £5million and wife had to survive on benefits
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Factors on contributions?
Court will take into account any contributions made/likely to be made
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What section covers the needs of the children?
S25(3)
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Card 2

Front

What kind of powers do the court's have?

Back

Wide discretionary powers guided by both statutory rules and case law rules

Card 3

Front

What is the courts first consideration?

Back

Preview of the front of card 3

Card 4

Front

What duty do the courts have?

Back

Preview of the front of card 4

Card 5

Front

What section relates to the definition of MCA?

Back

Preview of the front of card 5
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