... justification for an unequal division of assets. i) The first thing that A will want to consider is the possibility of obtaining a maintenance pending suit under section 22 of the MCA; this will compel L to make financial provision for A and the children until the outcome of the court proceedings is known. As these are contested proceedings she would be well advised to make an application under s. 22 to secure her immediate financial future (and that of her children). The next consideration is that of property, in this case the family home. As mentioned above, the court's primary concern will be that of the children of the family (especially as one of them is a minor), as set out in the MCA, s. 25(1). This normally means that the family home is transferred to the primary care giver until all the children have reached majority. The court is able to ...

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