Case No. BV20D07073

45.I must apply section 25 of the Matrimonial Causes Act 1973, as amended, in deciding what orders to make pursuant to sections 23 and 24. It is the duty of the court to have regard to all the circumstances of the case. I must give first consideration to the welfare, while a minor, of the children of the family. I must then have particular regard to the matters set out in subsection (2). I take the view that this is often forgotten in these cases. The factors were hardly mentioned by counsel in submissions. I therefore remined myself of the matters specifically set out, namely:-(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, including in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;(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 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;(g)The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it; and(h)The value to each of the parties to the marriage of any benefit which, by reason of the dissolution …of the marriage, that party will lose the chance of acquiring.46.The overall requirement in applying section 25 is to achieve fairness. It was made clear in the seminal House of Lords decision of