Family Law and Divorce Assignment Example | Topics and Well Written Essays - 3000 words - 1

Family Law and Divorce - Assignment Example According to the findings, section 25 of the Matrimonial Causes Act 1973, deals with the norms relating to the settlement of matrimonial assets and monetary issues. Specifically, it comprises of the principles to be adhered to by the court, whilst dealing with the orders relating to financial provisions, property; and ancillary orders dealing with the sale of property, under sections 23, 24, 24(A), respectively. Decisions of the courts are chiefly based on the extant legislation and relevant case law. For making orders under sections 23, 24, 24(A) the courts take the following factors, into consideration. First, the income, property and other assets of the disputants, which are either present or are likely to be available in the foreseeable future, are considered. Second, the present and future financial obligations and needs are taken into consideration. Third, the lifestyle of the family is considered. Fourth, the duration and age of the parties to the marriage are taken into consi deration. Fifth, the physical and mental disabilities of these parties are taken into cognizance. Sixth, any contribution made towards the welfare of the family is taken into consideration. Hence, the consent order should be drawn in such a manner that it includes all the issues regarding ancillary relief. It will be deemed to be a final order and will prove to be difficult to modify or contest, subsequently. Hence, Sheila should have ensured, while drafting the consent order that it reflected all the agreed upon financial provisions. The drafting of consent orders necessitates the exercise of considerable care, so as to provide the maximum possible protection to the applicant. Several considerations have to be envisaged, whilst drafting consent orders.