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?

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Published on LexisPSL on 11/03/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • 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 relating to land, the applicant must serve a copy of the application on any mortgagee of whom particulars are given in the application.’

See Practice Note: Service in financial proceedings, in particular the section on Service on third parties.

FPR 2010, SI 2010/2955, 9.13(3) would appear to apply whether the matter is agreed by consent, or determined by the court. FPR 2010, SI 2010/2955, 9.13(4)–(7) provide that the mortgagee will, following service, have the opportunity of being heard within the proceedings, if it so chooses. The mortgagee may make a reque

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