ABSTRACT
In exercising its discretion in the making of a spousal financial relief order at the high court level in respect of an application for spousal maintenance or in respect of a spousal maintenance and property adjustment order, the court’s objective always is to arrive at a fair and just outcome. In keeping with that objective, the matrimonial legislation of the respective CC jurisdictions prescribes the approach or test to be applied to the statutory factors applicable to the making of a spousal maintenance order, or depending on the CC jurisdiction, both a spousal maintenance and property adjustment order. Given the different statutory tests applicable to the CC jurisdictions with respect to spousal maintenance and property adjustment applications, this chapter will examine, as a preliminary issue, the test adopted by the respective CC jurisdictions in making spousal maintenance and property adjustment orders, as the case may be, at the high court level.
