Certainty versus Fairness: Should the Discretionary Powers Conferred on the Court by the Amended ss 23-25A of the Matrimonial Causes Act 1973 to Redistribute the Assets of Spouses be Confined?

Categories ISSUE 7

Certainty versus Fairness:
Should the Discretionary Powers Conferred on the Court by the Amended ss
23-25A of the Matrimonial Causes Act 1973 to Redistribute the Assets of Spouses be Confined?

by Jonathan Russel Ee Wen Suen

Upon the breakdown of a marriage, the couple’s assets are to be redistributed by the courts. This process is governed by part II of the Matrimonial Causes Act (MCA) 1973. However, the amended sections 23–25A of the MCA, in particular, are vaguely worded, allowing the courts a broad interpretation of the statutory provisions on ancillary relief, resulting in uncertainty in the judgements. This article argues that, specifically in this particular subject of family law, fairness should take precedence over certainty.

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