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(e) any physical or mental disability of either of the parties to the marriage;

In ancillary relief divorce proceedings this sub-section does not add very much to the factors which will have been taken into account under paragraphs (a) and (b) of the section above because obviously mental or physical disability has an effect on a person's earning capacity and/or foreseeable needs for the future. This sub-section was apparently included in the Act as a result of Parliamentary pressure at the time of the statute's enactment and really it does not add anything significant to the factors taken into account in ancillary relief proceedings mentioned above. Mental or physical disablity will be taken into account in UK divorce law but the way in which that might affect the outcome depends very much on individual and personal circumstances. Clearly if these factors do exist in a given case then they are likely to have a significant impact.



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