Property adjustment orders

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Notice of acting

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This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

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Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

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Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

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Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

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Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

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Emergency prohibited steps and child arrangements orders

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The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

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Undefended divorce proceedings

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9th Nov

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Working with counsel

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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov

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Child Arrangements Programme—the procedure for section 8 applications

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9th Nov

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Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

9th Nov

Practice notes

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent Property adjustment orders content

Q&As

How can a spouse prevent the other spouse from disposing of a property (not the matrimonial home but part of the matrimonial assets), in the latter’s sole name, without their consent. Can they enter a notice or restriction at HM Land Registry?

For the purposes of this Q&A we have assumed that the context is matrimonial proceedings.Notices and restrictions may be used to afford some limited...

29th Nov

Q&As

Is it possible to vary a Mesher order by consent where the non-occupying party has agreed to an extension of the timescale for a transfer to take place in exchange for a further percentage of the net equity?

It is not uncommon that, following on from an order in financial remedy proceedings, whether by consent or imposed by the court, the parties will...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov

Practice notes

Enforcing an order for sale

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...

Produced in partnership with David Salter, deputy High Court judge and Recorder 29th Nov

Practice notes

Property adjustment orders—general principles

This Practice Note sets out the general principles applicable when dealing with an application for a property adjustment order in financial order...

28th Nov

Practice notes

Mesher and Martin orders

The court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in that property that will be...

28th Nov

Practice notes

Property adjustment orders—procedural issues and drafting the order

This Practice Note provides practical guidance on procedural issues relating to an application for a property adjustment order in financial order...

28th Nov

Q&As

Where a party is made bankrupt in the course of financial remedy proceedings, prior to a final order being made, and the only significant asset is a jointly-owned property, will the non-bankrupt spouse have any entitlement to the proceeds of sale?

It is not uncommon for financial remedies proceedings and bankruptcy proceedings to be ongoing at the same time, sometimes with the specific intention...

28th Nov

Q&As

Does the court have the power to remove a spouse from a property where they have failed to comply with an order providing for a lump sum payment to the other party as to their interest in that property?

In the specific scenario of this Q&A, the lump sum payment is being paid to the receiving party in exchange for them transferring their interest in a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage payments to maximise the options for enforcement?

Undertakings are the bespoke way of including enforceable obligations in the preamble to a financial remedy order which the court would otherwise have...

Produced in partnership with Nicholas Starks of St Ives Chambers 28th Nov

Q&As

If a consent order provides for the matrimonial home to be transferred to the wife subject to a charge in favour of the husband for a percentage of the value with the charge exercisable on one of the trigger events provided for, would the husband require leave of the court to enforce the charge in the event of one of the trigger events occurring if the children were in full time education and under 18?

The drafting of a consent order requires knowledge not just of family law and procedure, but of trusts, land law and potentially many other areas of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?

The respondent is entitled to occupy the council-owned property (‘the property’) because of the tenancy agreement, but there is no order in place...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?

The court has the power within financial remedy proceedings to make an order for sale. Section 24A of the Matrimonial Causes Act 1973 (MCA 1973)...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

Can the court order a transfer of equity from both owners to one owner of a property?

For the purposes of this Q&A we have assumed that the transfer of equity is in a family law context.Pursuant to section 24 of the Matrimonial Causes...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

In proceedings for a financial remedy on divorce can the court order the parties to renovate or do works to a property from their own funds prior to sale of the property?

The powers of the court are set out in sections 23–24 of the Matrimonial Causes Act 1973 (MCA 1973). While those powers relate to the sale of land and...

Produced in partnership with 28th Nov

Q&As

Following pronouncement of decree absolute is the court able to make an order selling or transferring property without notice to the respondent if the respondent cannot be traced?

The court's ability to make an order for the transfer of property order derives from section 24(1) of the Matrimonial Causes Act 1973 (MCA 1973) and...

28th Nov

Q&As

Where a financial order contains provision for the parties to have joint conduct of the sale of a property, does the conveyancer need permission from both parties to distribute the proceeds of sale, where there is provision in the order for the proceeds to be distributed?

It is a common feature of financial remedy orders that a property (often the matrimonial home) will be sold, whether immediately or on the happening...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

Do the Family Procedure Rules 2010 require a mortgagee to be served with a copy of the applicant’s financial application in Form A where an agreement is reached regarding the transfer of a property?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.13(3) provides that:‘Where an application for a financial remedy includes an application...

28th Nov

Q&As

The former matrimonial home is owned by the parties and also a parent of one of the parties. An agreement has been reached for payment of a lump sum and a Mesher order. Will the parent need to be joined to the proceedings for such an order to be effective?

Before deciding whether to make an order under section 24A of the Matrimonial Causes Act 1973 (MCA 1973) for the sale of a property in which a third...

Produced in partnership with Paul Infield of The 36 Group 28th Nov

Q&As

Where a consent order was made providing, inter alia, for the sale of property A and division of net sale proceeds between husband and wife, and the transfer to the wife of properties B and C, and the parties subsequently agree that properties A, B and C will all be transferred to the wife and she will raise the lump sum due to the husband by re-mortgage, can the original order be varied so that the clean break still operates even though the parties have not followed the terms of the original consent order? If so, what is the procedure for doing so?

It is sometimes the case that following on from an order in financial remedy proceedings, whether by consent or imposed by the court, the parties will...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

A married couple separated five years ago, at which time there was no equity in the former matrimonial home. The spouse who remained in the former matrimonial home has since paid the mortgage on the property. The property has increased in value and there is now significant equity. How would the court approach the division of the equity that has now accrued?

Useful guidance on how the court is likely to treat assets which have increased in value post-separation was provided in JL v SL (No 2) (at paras [41]...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov