LOVE Family Law Assignment Essay Example | Topics and Well Written Essays - 2250 words

LOVE Family Law Assignment - Essay Example Section 25 of the Matrimonial Causes Act 1973 governs the distribution of properties between spouses. The act stipulates the grounds on which a divorce petition may be presented to the court. In this regards, either party to a marriage may present a petition for divorce to the court on the grounds that the marriage has broken irretrievably. It further delineates the grounds on which the court shall hold a marriage to have broken. In the case Alan and Lisa Brown, Lisa is eligible to present a divorce petition on the grounds that her husband Alan has committed adultery and she finds it intolerable to live with him. The act of adultery by Alan is evidenced in the affair he has with Susie, a young police officer, with whom he has moved to stay with in his mother’s flat. The manner in which their financial assets will be distributed is determined by the courts whilst applying relevant legislations and common law precedents know as the ancillary relief. In the Matrimonial Cause Act 1973, the law that is relevant to this application is found in Section 25. It specifies the circumstances that the court must consider when deciding upon the manner in which its powers will be exercised during the application of ancillary relief in any case (Luppino & Miller 2011, p. 221-224). The courts therefore have the mandate of considering all the aspects surrounding the divorce including the welfare of children who are under the age of eighteen years, the income of the spouses, the earning capacity, property owned as well as other financial resources which each of the parties to the marriage has or is likely to have in the future. It is therefore important for the parties to the marriage to fully and frankly disclose their resources. For instance, in Alan and Lisa’s case, the information to be considered include: their  £650,000 jointly owned home, Alan’s annual earning of  £85,000,