ABSTRACT
Discuss with reference to the concept of a clean break and how the Matrimonial Causes Act 1973 achieves it.
Policy of encouraging spousal self-sufficiency:
• difficulties experienced by spouses • explain new s 25 and factors to encourage self-sufficiency • duty to consider clean break or to limit payments to period • power to end obligations on application to vary
Answer The Matrimonial and Family Proceedings Act 1984 amended the Matrimonial Causes Act 1973 in a number of respects designed to encourage greater spousal self-sufficiency on divorce. These reforms were intended to meet, in part, criticisms of the existing system which many viewed as placing an ex-wife like a ball and chain around her husband’s leg for the rest of his life! It would be a mistake, however, to assume that these provisions make a clean break a routine result in ancillary relief proceedings. This was never the intention of the legislation and, in an economically uncertain climate, it is an unrealistic expectation in most cases.
