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SBP LawAccess all documents on Enhancement factor
Section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973) Provides that a court must take into account the income, earning potential, property and any other financial resources that each spouse has, or can reasonably be expected to have, in the near future; and, as regards earning capacity, any enhancement it would be reasonable, in the court’s view, to expect a party to take steps to obtain. Parallel wording appears in the Civil Partnership Act 2004 (CPA 2004) at CPA 2004, Sch 5 Pt 5, para 21(2)(a). The welfare, while under 18, of any child of the family attracts first consideration, though it is not the overriding factor. Courts frequently assess “property and other financial resources” apart from income and earning capacity, although the two topics can overlap—see Practice Note: Income and earning capacity of the parties. For practical direction on every factor the court weighs when making financial provision, consult Practice Notes: Factors considered by the court on financial provision, together with Compensation, sharing and equality. In evaluating...