Applications to set aside past dealings—MCA 1973, s 37
Produced in partnership with David Salter of Mills & Reeve
Applications to set aside past dealings—MCA 1973, s 37

The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:

  • Applications to set aside past dealings—MCA 1973, s 37
  • Setting aside
  • Which judge?
  • Practical considerations
  • Form of application
  • Without notice applications
  • Types of order that can be made
  • What is a disposition?
  • When are dispositions reviewable?
  • Presumption of intention to defeat claim
  • more

Setting aside

Where a party considers that the other party has disposed of assets to a third party so as to defeat their claims in financial proceedings within divorce or civil partnership dissolution proceedings, or where, following a court order, a disposition has been made which impedes enforcement, an application can be made under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004) equivalent. Such a disposition is termed 'reviewable' and the court may be asked to review the disposition and, if justified, set it aside. Such an application may be made before or after an order has been made by the court in the main financial proceedings. The third party to whom the disposition has been made will have to be joined as a party to the proceedings. The procedure for such applications is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18.

Proceedings for a financial order must have been issued at the time of the application to set aside. This means a validly constituted application under any of MCA 1973, s 22, s 23, s 24, s 24B, s 27, s 31 (save sub-s (6)) or s 35 or CPA 2004 equivalents.

If proceedings have not been issued, this can be remedied either:

  1. by