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Financial Relief on Relationship Breakdown > MCA- intro/aims > Flashcards

Flashcards in MCA- intro/aims Deck (8)
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1
Q

What is under s 23,24 and 24A

A

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

2
Q

How is jurisdiction relating to children limited

A

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)

3
Q

In deciding what order to grant what must the court consider

A

the factors listed in S 25

4
Q

What is the judicially created aim

A

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

5
Q

What are the principles

A

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

6
Q

What is S 25(1)

A

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

7
Q

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

A

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

8
Q

What do the court have a duty to consider

A

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