Margaret Hatwood explores the assessment of needs by the court to provide a sufficient standard of living
- Divorce claims should be adjudicated on the base of “need” rather than “sharing”.
- Parties cannot expect to replicate their previous standard of living going forwards but the basis of the award bears sufficient correlation to that standard of living.
- The first consideration in any assessment of needs must be the welfare of any minor child or children of the family.
As family lawyers know, one of the factors that the court has to have regard to in deciding how to exercise its powers under ss 23, 24, 24A, 24B and 24E of the Matrimonial Causes Act 1973 (MCA 1973) is the standard of living enjoyed by the family before the breakdown of the marriage.
There has been a trend over recent years for the courts to be less generous in having regard to the standard of living. Indeed, Mostyn J said in the case of SS v NS [2014] EWHC 4183 [2015] All ER (D) 70 (Jan) that “it was a mistake
