MCA- intro/aims

Question 1

What is under s 23,24 and 24A

Answer 1

the court can make financial orders- periodical payments, lump sums, property sale/ transfer/ settlements and pension order for the benefits of the P and any child of the family S 52

Question 2

How is jurisdiction relating to children limited

Answer 2

for children of the family, the courts jurisdiction is limited to making lump sum and property orders S 8(1) and (3) CSA unless the court has residual jurisdiction S 8(6) and (7)

Question 3

In deciding what order to grant what must the court consider

Answer 3

the factors listed in S 25

Question 4

What is the judicially created aim

Answer 4

there is a aim of fairness, which is achieved through the sharing principles (Miller; McFaralne, White and Charman)

Question 5

What are the principles

Answer 5

meeting the needs; providing compensation for economic disparity arsing from the marriage; sharing unless there is good reason for divergence

Question 6

What is S 25(1)

Answer 6

the courts first consideration is to all the circumstances, giving consideration to welfare of any children of the family (S 52(1))

Question 7

are the factors in S 25(2) of any hierarchy?

Answer 7

the factors are not ranked in nay hierarchy, which will carry the most weight depends on the facts of the case- Piglowski

Question 8

What do the court have a duty to consider

Answer 8

the court have a duty to consider whether a clean break would be possible S 25 A and S 28(1A)