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Family Law: Property on Separation

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samparkin92
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Last updated: March 23, 2026
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First submittedMarch 23, 2026
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Statute
MCA 1973
Main form of income order
Periodical payment
Section
23
Three main types of property order
Lump sum
Transfer of property
Power of sale
Order that ends financial relationship between spouses BUT not child maintenance
Clean break
Statute
s.25A
Statutory factors when making an order
Welfare of children
Financial resources
Needs/obligations/responsibilities of parties
Standard of living
Age and duration
Disability
Conduct
Section
s.25
Principles developed by courts
Needs
Equal Sharing
Compensation
Autonomy
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