Factors

The Court considers all the circumstances of the case and will give first consideration to the welfare of any children of the family who are under the age of 18.

If there are children who are under the age of 18, that can mean that the non-resident parent gets a lower proportion of the equity in the former family house or has to transfer their interest in the former family house to the parent who looks after the children on a day-to-day basis.

Subject to the interests of any minor children, the Court takes the following factors into account when considering what orders should be made:

(a) The income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future including, in the case of earning capacity, any increase in that capacity which it would be, in the opinion of the Court, reasonable to expect a person to take steps to acquire.

(b) The financial needs, obligations and responsibilities that each spouse has or is likely to have in the foreseeable future.

(c) The standard of living enjoyed by the family before the breakdown of the marriage.

(d) The ages of each spouse and the duration of the marriage.

(e) Any physical or mental disability of each spouse.

(f) The contributions which each spouse has made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family.

(g) The conduct of each spouse, if that conduct is such that it would in the opinion of the Court be inequitable to disregard.

(h) The value to each spouse of any benefit which one spouse because of the divorce will lose the chance of acquiring (most usually pension provision).

The aim of the court is to achieve fairness.