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Family Law and Practice LPC WS04 d1
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Family Law and Practice LPC WS04 d1
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LEGAL PRACTICE COURSEFamily Law
Workshop 4
Topic(s):
Section 25 MCA 1973
Dealing with capital assets on divorce
Learning Outcomes:
By the end of this session you will be able to:
Advise a client as to the courses of action open to preserve the matrimonial assets
Apply the factors in s25 MCA 1973 to a given set of facts
Advise a spouse how to protect his/her position in respect of the matrimonial home
Session Activities:
Apply the factors in s25 MCA 1973 to a given set of facts
Assess whether an offer of settlement should be accepted and, if not, what counter-offer
should be made.
Materials Attached:
Advance Task 1: Mrs Torbett
In-session Task 2: Mrs Cole
Keynote - The Matrimonial Home
Materials to Be Released:
Outline of issues arising from Task 2 (d2)
Preparation for Session:
Read chapters 4 and 8 of your manual
Complete Task 1 and bring your answers to the session
Post-Session:
Review your answers to the session problems and ensure you fully understand all the
points in issue
docs_343104120.docx 1/9 © City, University of London 2019
, LEGAL PRACTICE COURSE
Advance Task 1 – Mrs Torbett
Please prepare this task in advance and bring your answers to the session.
You are a trainee solicitor and have been asked to see a new client, Mrs C Torbett, in the
absence of your supervising partner.
A note of the relevant facts of her case is provided over the page.
You are required to advise her on the following points:
SEE D2 FOR DETAILED ANSWERS
1. her fear that she and the children would be left with nothing to live on - is this likely?
Typical exam Q to apply factors→ SPOUSAL MAINTENANCE
Parties should reach own agreement, and should attend mediation (unless domestic
violence), then make an application to go to court
If no agreement can be reached between the parties as to financial settlement then…
The husband will be liable to pay Child Support (and if necessary a “top up” can be applied
for via the court process but depends on “life style” and “needs” of the child/children).
→application to child support agency but is a very basic calculation (and may not be
enough)→ then apply for top up if need extra help→ NON-RESIDENT PARENT ALWAYS
PAY FOR CHILDREN (EITHER VOLUNTARILY OR CHILD SUPPORT AGENCY, OR IF
NEED EXTRA MONEY THEN APPLY TO COURT FOR TOP UP
Mrs Torbett will be entitled some financial settlement from her husband under section 25
MCA 1973
APPLY SECTION 25 to the FACTS of your CASE….it will also reveal any missing
information that may be needed→ ADD ALL ASSETS, STARTING POINT IS 50/50
THEN APPLY S.25 TO THE CASE (in the exam do not need to give an exact figure e.g.
70/30)→ just indicate who may be entitled to more or less (than 50%)
Apply s.25
• Income, earning capacity, property, and other financial resources which 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 which it would be in the opinion of
the court be reasonable to expect a party to the marriage to take steps to acquire;→
income/rental/investments/savings etc→ income now + in the future, sometimes can
include inheritance
• The financial needs, obligations, and responsibilities which each of the parties to the
marriage has or is likely to have in the foreseeable future;→ biggest need is housing
(brought or rent)→ obligations are liabilities like loans, bills etc, and responsibilities include
new partner or new children in the relationship
• The standard of living enjoyed by the family before the breakdown of the marriage;→
one family becoming 2, so there will be a drop, so need to re-balance the drop to ensure
the standards are broadly the same
• The age of each party to the marriage and the duration of the marriage;→ the older
the parties, the greater the consideration we need to give (as older are less likely to find
work, and even if do, will be close to retirement age, so will not have a big pension pot→
so older parties have greater consideration; also the longer the marriage, the greater the
consideration given as have become inter-dependent on each other, harder to start afresh
and assets have become intermingled
• Any physical or mental disability of either of the parties to the marriage;→ disability will
affect ability to work and get income and therefore cannot get loans or mortgages, and
cannot save for pension in old age→ not having a job due to disability causes many
issues so need to consider and be compensated for this
docs_343104120.docx 2/9 © City, University of London 2019
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