Q&As

How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be varied?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 01/06/2018

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be varied?

How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be varied?

Where an order for sale has been made pursuant to section 24A of the Matrimonial Causes Act 1973 (MCA 1973), and one party is obstructing sale, an application can be made for directions concerning conduct of the sale. The court has the power to grant the applicant sole conduct of the sale under MCA 1973, s 24A(2), and if the obstructive party is refusing to vacate the property then an order may be made for delivery up of the property pursuant to Family Procedure Rules 2010, SI 2010/2955, 9.24(2). If a purchaser is found, and the obstructive party refuses to sign the necessary

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