Matrimonial Causes Act - Essay following family supervision four.
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Laura Jenkins Jesus College, part II law Essay following Family Supervision four The first point to note is that the divorce courts have very wide discretion about how property and assets are divided up upon divorce. Under section 25 of the Matrimonial Causes Act 1973 certain considerations are paramount, such as the welfare and housing arrangements of minor children. There then follows a list of factors that must be taken into account, although these may be disregarded by the court in the presence of other evidence: the court merely has a duty to consider these factors, rather than impose orders upon the basis of them. The principle laid down in White v White stated that, although there is no presumption of equality upon divorce, if the court intended to depart drastically from an equal splitting of assets they should have good reason to do so. Also under the authority of Lambert v Lambert,...

