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s.25 MCA 1973

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  • s.25 MCA 1973

    Is it worth appealing when Judge fails to consider/apply parts of s.25 MCA 1973 in financial remedy proceedings. Despite bad conduct by one party that resulted in losses to the other party of approx £15,000 Judge made it clear at the beginning of the hearing that he would not consider conduct. Judge also made a blanket decision that all debts (pre and post separation) were non marital. Judge was dismissive when party drew his attention to the pre separation debts being marital debts. The "bad conduct" party had been ordered on 2 separate occasions to provide a certified mortgage raising capacity statement, but failed to do so and only submitted various internet mortgage in principal calculations etc that differed between £25,000 and £80,000. Judge chose to allow the lowest.
    Last edited by CYNthesys; 8th August 2024, 11:10:AM.
    Tags: None

  • #2
    If an appeal against a financial remedy judgment is upheld, what happens next eg, is it sent back to the lower court to be reheard?

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