Alec Samuels provides an overview of the principal issues to be considered in maintenance cases

A husband and wife, both middle-aged, with two children of school age, separate and divorce. In making a financial provision and property adjustment order, should or must the court expect the ex-wife to work and to earn money?

Statutory factors

The statutory factors to be considered are clear from section 25 of the Matrimonial Causes Act 1973:

(a) The parties’ income, earning capacity, property, and other financial resources;

(b) The financial needs, obligations, and responsibilit...

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