100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
finance and property upon divorce R95,03
Add to cart
Quickly navigate to
Preview
  2.  
  3. City University (City)
  4.  
  5. LLB Law
  6.  
  7. Family Law

Class notes

finance and property upon divorce
 0 purchase
  • Course
  • Family Law
  • Institution
  • City University (City)
  • Book
  • Family Law

very in-depth and clear lecture notes from student at city university of London studying family law. I personally revised from these notes and achieved a 2:1 in this module.

Preview 2 out of 9  pages

Document information

  • July 6, 2020
  • 9
  • 2019/2020
  • Class notes
  • Unknown
  • All classes

Subjects

  • family law

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

More summaries for

  • Essay
  • PVL2601 Assignment 2 (COMPLETE QUESTIONS & ANSWERS) Semester 2 2024 100% satisfaction guarantee
  • PVL2601 Assignment 2 Full Solutions Semester 2 2024 Course Family Law (PVL2601) Institution University Of South Africa Book Family Law
All for this textbook (10)

Written for

  • City University (City)
  • LLB Law
  • Family Law
All documents for this subject (30)

Seller

avatar-seller
remycorrina

Reviews received

Content preview

Finance and property on divorce
FINANCIAL/ PROPERTY ORDERS ON DIVORCE
Part 2 Ss.21-40B Matrimonial Causes Act 1973

Wide judicial discretion in redistributing matrimonial assets. Decisions based on the unique facts of
the case.

Piglowska v Piglowska 1999- no rigid application of guidelines from previous cases.

White v White 2000- fairness is the overriding purpose. Discretion based systems: flexibility but
unpredictability.

1. Order for maintenance pending suit

S.22 MCA 1973

On a petition for divorce, nullity of marriage or judicial separation, the court may make an order
requiring either party to the marriage to make to the other such periodical payments for his/ her
maintenance and for such term, ending with the date of the determination of the suit, as the court
thinks reasonable.

A v A 2001- not just daily living expenses, may include sum to cover costs of the proceedings.

M v M 2002- substantial order can be made. Wife received £330,000 per annum maintenance.

2. Financial provision orders

 Periodical payments S.23(1) MCA 1973

An order that either party to the marriage shall make to the other such periodical payments, for
such term, as specified by the court.

Orders can be made not only in favour of a spouse, but also to/for the benefit of a child of the family
aged under 18 or over 18 but in education/ training or in special circumstances (disability)

S.28(1)(a) MCA 1973: periodical payments in favour of a spouse terminate on his/ her remarriage.
Periodical payments cannot extend beyond the remarriage of/ formation of a civil partnership by the
party in whose favour the order is made.

Periodical payments do not automatically terminate on cohabitation. Payer can apply to the court to
have the payment reduced or extinguished.

Atkinson v Atkinson 1988- settled/ long term cohabitation cannot be equated with marriage. Court
would have to make qualitative judgement about what settled cohabitation is.

Fleming v Fleming 2003- Atkinson applies not withstanding social changes re cohabitation.

 Lump sum order (capital order) S.23(1)

S.23(3)(c): can be ordered to be paid in instalments

S.23(6): can incur interest

A lump sum order in favour of a spouse is a final order, it cannot be varied subsequently

, BUT

S.23(4) MCA 1973: A lump sum order in favour of a child is not final. The power of the court to make
an order in favour of a child of the family shall be exercisable from time to time.

3. Property adjustment orders

 Transfer of property order S.24(1)(a)

A spouse may be ordered to transfer property to the other spouse/ any child of the family

A spouse may be ordered to transfer a share in the matrimonial home. Other property may also be
transferred. A spouse may be ordered to transfer the home with the other spouse agreeing to forgo
claims for maintenance. A spouse may be ordered to transfer investments so that the other can live
on the income.

 Settlement of property order S.24(1)(b)

Settlement of property to which a spouse is entitled can be ordered for the benefit of the other
spouse/ children.

E.g if the wife is the primary carer of the children, the order may allow the wife to enjoy the use of
the house with her children during their dependency but enables the house to be transferred back
to the owner (the husband).

 Order for the sale of property S.24A(1)

If a financial or property adjustment order has been made, the court may order the sale of the
property in the proceeds of sale of which either/both spouses has a beneficial interest.

Enforcement mechanism in cases of non-compliance. Proceeds of sale are paid to the spouse who
was entitles to a payment.

4. Pension sharing orders

S.24B MCA 1973

 Offsetting

Compensate for the loss of pension by making transfer of property orders or ordering a larger lump
sum to be paid.

 Pension attachment

Once the pension becomes payable, a part of the pension income must be made available to the
other party.

 Pension sharing

Party of the pension fund can be allocated to the other spouse.


FINANCIAL/ PROPERTY ORDERS ON DISSOLUTION OF A CIVIL PARTNERSHIP
Same orders available

 Financial order S.2(1) Sch 5 CPA 2004

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller remycorrina. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R95,03. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

68175 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 15 years now

Start selling
R95,03
  • (0)
Add to cart
Added