Commentary on Sections Schedule 5 – Financial relief in the High Court or a county court etc. Part 5 - Matters to which the court is to have regard under Parts 1 to 4
565.This Part sets out the matters which the court must consider when deciding whether to exercise its powers to make orders under the preceding four Parts. Whilst all the circumstances of the case have to be considered the first consideration has to be given to any child of the family under 18 years old. The criteria the court must consider under this Part are parallel to those contained in section 25 of the Matrimonial Causes Act 1973 and reflect the relative financial positions of the civil partners, their current and future obligations, their age and the duration of the civil partnership and the contributions each civil partner has made to the welfare of the family, whether in financial terms or by caring or looking after the home. The conduct of each civil partner will be taken into account if it would be unfair to disregard it. When exercising the powers in relation to a child of the family the court has to consider the financial needs and resources of the child in addition to the financial position of the civil partners. Where a child is not a child of one of the civil partners the court needs to look at any responsibility that civil partner had assumed for the child and the duration of such responsibility. The court has to consider the appropriateness of the orders under Parts 1 to 4 in respect of termination of financial dependence or involvement.