MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 27



27.(1) It shall be the duty of the court in deciding whether to exercise its
powers under Article 25(1)(a), (b) or (c) or 26 in relation to a party to the
marriage and, if so, in what manner, to have regard to all the circumstances
of the case including the following matters, that is to say

(a)the income, earning capacity, property and other financial resources which
each of the parties to the marriage has or is likely to have in the
foreseeable future;

(b)the financial needs, obligations and responsibilities which each of the
parties to the marriage 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 age of each party to the marriage and the duration of the marriage;

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

(f)the contributions made by each of the parties to the welfare of the family,
including any contribution made by looking after the home or caring for the
family;

(g)in the case of proceedings for divorce or nullity of marriage, the value to
either of the parties to the marriage of any benefit (for example, a pension)
which, by reason of the dissolution or annulment of the marriage, that party
will lose the chance of acquiring;

(2) Without prejudice to paragraph (3), it shall be the duty of the court in
deciding whether to exercise its powers under Article 25(1)(d), (e) or (f),
(2) or (4) or 26 in relation to a child of the family and, if so, in what
manner, to have regard to all the circumstances of the case including the
following matters, that is to say

(a)the financial needs of the child;

(b)the income, earning capacity (if any), property and other financial
resources of the child;

(c)any physical or mental disability of the child;

(d)the standard of living enjoyed by the family before the breakdown of the
marriage;

(e)the manner in which he was being and in which the parties to the marriage
expected him to be educated or trained;

(3) It shall be the duty of the court in deciding whether to exercise its
powers under Article 25(1)(d), (e) or (f), (2) or (4) or 26 against a party to
a marriage in favour of a child of the family who is not the child of that
party and, if so, in what manner, to have regard (among the circumstances of
the case)

(a)to whether that party had assumed any responsibility for the child's
maintenance and, if so, to the extent to which, and the basis upon which, that
party assumed such responsibility and to the length of time for which that
party discharged such responsibility;

(b)to whether in assuming and discharging such responsibility that party did
so knowing that the child was not his or her own;

(c)to the liability of any other person to maintain the child.

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Northern Irish Legislation

MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 27