Factors considered by the court

Section 25 checklist

The starting point for the courts and practitioners alike on an application for a financial order is the checklist set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973) and the equivalent provisions in Schedule 5, Part 5 to the Civil Partnership Act 2004 (CPA 2004). The factors are:

1. •

   the income, earning capacity, property and other financial resources that each of the parties to the marriage has or is likely to have in the foreseeable future, including, in the case of earning capacity, any increase in that capacity that it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire

2. •

   the financial needs, obligations and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future

3. •

   the standard of living enjoyed by the family before the breakdown of the marriage

4. •

   the age of each party to the marriage and the duration of the marriage

5. •

   any physical or mental disability of either of