ABSTRACT

This chapter focuses on financial relief for adult partners both during the relationship and when the relationship has ended, and it considers financial support for children. The financial relief for spouses during the marriage under the Matrimonial Causes Act (MCA) 1973 and the Domestic Proceedings and Magistrates' Courts Act 1978 and should be able to explain which provision is more suitable for a particular spouse. The traditional view of the English judges had been to reject them as immoral and contrary to public policy. It was seen as immoral to contemplate and plan for the end of the marriage before it had even been celebrated and against the very character of marriage as a lifelong commitment. Furthermore the Matrimonial Causes Act 1973 is clear that the awarding of financial relief is a matter for judicial discretion and sets out in s 25 the factors that need to be carefully weighed and balanced in determining it.