Grounds for Divorce and Maintenance Between Former Spouses
The principles in section 9 are (a) that the net value of the matrimonial
property (defined in the Act as a form of deferred community of
acquests) should be shared fairly ( which normally means equally)
between the parties (b)that fair account should be taken of any
economic advantage derived by either spouse from contributions by
the other and conversely of any economic disadvantage suffered by
either in the interests of the family (c) that any economic burden of
caring after divorce for a child of the marriage under 16 should be
shared fairly (d) that a party who has been dependent to a substantial
degree on the financial support of the other party should be awarded
such financial provision as is reasonable to enable him or her to adjust,
over a period of not more than three years from the divorce, to the loss
of that support and (e) that reasonable financial provision for a
reasonable period should be awarded to a spouse likely to suffer
serious financial hardship.
Continuing maintenance can be provided only by a periodical
allowance, and it will be noted that (d) above permits continuing
periodical allowance for a maximum period of three years as an
adjustment allowance. The primary purpose of the financial provisions
on divorce is to achieve a clean break and to reduce the opportunities
for continuing friction and disputes over non-payment or delayed
payment of maintenance. In the normal case, there will be no
continuing maintenance payments and any that are awarded will
expire at latest after the three years have elapsed. The court is directed
to have regard to the age, health and earning capacity of the party who
is claiming the financial provision, the duration and extent of the
dependence of that party prior to the divorce, any intention of that
party to undertake a course of education or training, the needs and
resources of the parties, and all the other circumstances of the case.
In the case of serious financial hardship (category (e) above), the
hardship is assessed at the time of the divorce and is expressly
designed not to continue a general obligation of maintenance, but it
can be awarded for a period after the three years adjustment period.
59. Are the rules relating to maintenance upon divorce connected with the
rules relating to other post-marital financial consequences, especially to