29/03/2026
After divorce or nullity, the parties proceed with applications for the sharing of property, custody of children, and the determination of financial obligations to the needy party and to the children of the family.
Sometimes agreement is reached and parties do not have to go to court.
The needs of the parties:the Court balances the needs of the parties and the availability of resources. There must be an objective appraisal of what the applicant subjectively requires to ensure that it is not unreasonable. But the objective appraisal must have regard to such things as:
(a)what is available
(b)the standard of living to which the parties are accustomed
(c) their age and state of health
(d) and perhaps less obviously, the duration of the marriage, the contributions and pension rights of both as affected by the marriage and accrued or likely to accrue.