How will my disability or ill health affect my maintenance?

When assessing if and how much maintenance a party should receive, the court will consider s.25 of the Matrimonial Causes act 1973 (also known as the “section 25 Factors”).

Disability, whether it be physical or mental, can be a key factor in deciding if maintenance should be paid and for how long. If you have a disability or health problem which affects your ability to work, and or the amount you are able to work, this may be a factor the court will consider.

Medical evidence is best obtained to substantiate the claim, wherever possible. The court has wide ranging powers regarding maintenance. In many cases it is one of, if not the most important issue, as it will determine the party’s standard of living.  The court will also factor in any benefits which may be available and the effect receiving any maintenance could have on those benefits.

If you are able to agree on maintenance, the agreement can be incorporated into a Consent Order, and there would be no need to attend court. If no agreement can be reached, then the court can make a Maintenance Order.

George Green’s Family Law and Divorce specialists have vast experience in obtaining Maintenance Orders. Feel free to contact Mark Vandaele for a free initial telephone consultation on 01902 796930.