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Matrimonial Act - contributions (5 Posts)
Started By:
23 June, 2017 02:52PM
Matrimonial Act - contributions
joe.kizanu - 23 June, 2017 02:52PM
I have a question regarding S25(2)f of the Matrimonial Act.

The Act states

As regards the exercise of the powers of the court under section 23(1)( a ), ( b ) or ( c ), 24 [F5 , 24A [F6, 24B or 24E]] above in relation to a party to the marriage, the court shall in particular have regard to the following matters—

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

Does this mean that the court in deciding the entitlements will take each of the parties 'contributions' into consideration or only a class of contributions?

The advice I have received is that in practice the courts only use this to justify the 'stay at home' spousal contributions. What if neither was a stay at home spouse? And there are no children? Then how is this statute applied?
Re: Matrimonial Act - contributions
Bubblegum - 23 June, 2017 03:46PM
How long have you been married?
Re: Matrimonial Act - contributions
davidterry - 24 June, 2017 08:37AM
The problem with simply reading the terms of section 25 of the Matrimonial Causes Act is that without any context - ie case law - the casual reader will assume that each of the factors listed are treated equally. They are not. In any given case one factor might outweigh all others. In most cases 'needs' will far outweigh 'contributions' to the extent that contributions become irrelevant. Contributions are usually only taken into account after needs have been met. A casual reading will not tell you this. You also need to know how the courts decide these things in practice.
Re: Matrimonial Act - contributions
joe.kizanu - 26 June, 2017 09:31AM
@Bubblegum - Our marriage is considered a 'long' marriage as we were together over 10 years.

@davidterry - yes that is why I am posting here in the hopes that I may get some case law insight. My situation is that we had a long marriage, no children, neither was a stay-at-home spouse or home maker. However, one of us contributed significantly less than the other (about 75/25 split). Once needs are met (provided there are still assets to be divided), how would the court view contributions and entitlement to the assets?
Re: Matrimonial Act - contributions
davidterry - 26 June, 2017 09:54AM
>> Once needs are met (provided there are still assets to be divided), how would the court view contributions and entitlement to the assets?

Such a question is meaningless without facts and figures. Courts do no decide these things in the abstract. Individual details and the figures matter.
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