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Family Law - Essay Example

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The importance and the validity of section 25 of the Matrimonial Causes Act 1973 can be understood only by referring to the general framework of the specific legal rule. At the next level, the evaluation of the potential applicability of the particular section can be developed…
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Family Law
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Family Law

However, still the Matrimonial Causes Act 1973 remains a key legal rule for resolving the disputes developed when having to divide the property on marital breakdown.2
The validity of MCA 1973 could be doubted. Reference should be made to the fact that in 1996, through the introduction of the Family Law Act, the Family Law in Britain was reformed. As a result, the pre-existed legal rules had been absorbed by the above Act in terms that any other similar law would not have power. However, it seems that in practice the Matrimonial Causes Act 1973 is still valid. This fact is highlighted in the study of Burton (2003) who notes that ‘for the time being the existing law, now largely contained in the MCA 1973, continuous in force’.3 Moreover, Lord Chancellor noted that the Family Law Act of 1996 is not appropriately customized to current social and judicial needs and for this reason the MCA 1973 should continue in force.4
Regarding specifically the section 25 of the MCA 1973, it should be noted that the above section actually sets the criteria used by the Court for the division of assets in the context of relationship breakdown. The above section is of high importance mentioning indicative the facts on which the Court should be based when having to rule in relevant cases.
In accordance with the section 25 of MCA 1973, the decision of the Court in regard to the division of assets in the relationship breakdown can be based on one of the following acts: a) the financial and the physical status of each party/ spouse, b) the role that each spouse had in the accumulation of wealth and c) the age of each spouse. In fact, the age of each spouse indicates his potential to allocate the funds and the means for his/ her survival. It should be mentioned that the criteria set in section 25 of MCA 1973 regarding the division of assets among the ... Read More
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