Q&As

How may an order made in matrimonial proceedings in Hong Kong for the transfer of a property located in the UK be enforced in England and Wales, including in relation to execution of a deed of transfer?

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Produced in partnership with Paul Infield of The 36 Group
Published on LexisPSL on 02/06/2020

The following Family Q&A produced in partnership with Paul Infield of The 36 Group provides comprehensive and up to date legal information covering:

  • How may an order made in matrimonial proceedings in Hong Kong for the transfer of a property located in the UK be enforced in England and Wales, including in relation to execution of a deed of transfer?

How may an order made in matrimonial proceedings in Hong Kong for the transfer of a property located in the UK be enforced in England and Wales, including in relation to execution of a deed of transfer?

Orders for the transfer of property (property adjustment orders as they are known under sections 24 or 24A of the Matrimonial Causes Act 1973) are orders in personam binding the person subject to the order and not the property itself (unlike a pension sharing order, which is in rem and binds a particular piece of property held by a third party). Accordingly, if the person against whom the order is made is situated in Hong Kong, the order might be enforced against the person directly, for instance by injunction.

Maintenance orders made in Hong Kong can be enforced in England and Wales under Part I of the

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