Applications under the Married Women's Property Act 1882, s 17

Applications under the Married Women’s Property Act 1882 and its civil partnership equivalent—spouses and civil partners

Section 17 of the Married Women’s Property Act 1882 (MWPA 1882) and its Civil Partnership Act 2004 (CPA 2004) equivalent (CPA 2004, s 66) enable the court to make such order as it thinks fit in relation to questions as to the title or possession of property between spouses or civil partners.

The court does not have redistributive powers but can make a declaration as to legal title, beneficial interests and possession, and can make a range of orders including orders for sale, orders for the delivery up of property, or lump sum orders in respect of a party’s share of property that has been disposed of, as well as injunctive orders

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Reduction in London FRC sitting days for October 2025 to March 2026

The President of the Family Division, Sir Andrew McFarlane, has announced that the London Financial Remedies Court (FRC) will reduce its sitting days between October 2025 and March 2026, in order to bring the forecast of financial remedies sitting days into line with the proportions agreed by the Lord Chancellor and Lady Chief Justice. During this period there will be fewer London FRC lists at both the Central Family Court and the other London Family Courts. The Central Family Court overflow courts at the Royal Courts of Justice will not operate. Affected parties will be contacted.

HMCTS enables barristers to access the Family private law digital service platform

HM Courts & Tribunals Service (HMCTS) has confirmed that, from 23 September 2025, barristers can access the Family private law digital service platform for cases under section 8 of the Children Act 1989 and Part IV of the Family Law Act 1996.

Family weekly highlights—25 September 2025

This week's edition of the Family weekly highlights includes details of the fourth Family Procedure Rules 2010 Practice Direction update of 2025. Recent judgments on determining the threshold for making a care order, summary return orders and deciding parents’ entitlement to child benefit under the Social Security Contributions and Benefits Act 1992 are also considered.

Family Procedure Rules 2010 Practice Direction Update No 4 of 2025

The fourth Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2025 has been issued, making amendments to two existing PDs, FPR 2010, PD 41G (Proceeding by electronic means: certain proceedings for a matrimonial order or civil partnership order (New law)) and FPR 2010, PD 2C (Justices’ legal adviser). The PD amendments allow applications relating to service to be made via the existing online portal and permit legal advisers to consider requests for bailiff service of applications for matrimonial and civil partnership orders to improve efficiency. The PD amendments relate to the digitisation of interim applications in respect of service of an application for a matrimonial or civil partnership order. The amendments come into force on 29 September 2025.