Q&As

In financial remedy proceedings, should the consent order record the address of all the properties owned by the parties? Can the court order the transfer of a private tenancy from one party to another (eg the wife to be the landlord in place of the husband as landlord)? Can the court order one party to discharge a mortgage and procure the release of the other party from any liability under the mortgage?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 21/03/2017

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

  • In financial remedy proceedings, should the consent order record the address of all the properties owned by the parties? Can the court order the transfer of a private tenancy from one party to another (eg the wife to be the landlord in place of the husband as landlord)? Can the court order one party to discharge a mortgage and procure the release of the other party from any liability under the mortgage?

Financial remedy proceedings can be brought to a close either through a consent order reached between the parties at any stage of the proceedings and then approved by the judge, or by an order following a final hearing. In either circumstance, the powers of the court are circumscribed by the provisions of the Matrimonial Causes Act 1973 (MCA 1973).

A court can make an order for periodical payments and secured periodical payments; lump sum; property adjustment and pension sharing or attachment orders.

The court has no power to make orders outside those provisions save as is expressly provided for within the MCA 1973 (such as the power to make an order for sale on the making of a property adjustment order, and consequential directions that arise).

For this reason it is commonly the case that the court will provide in an order for recitals and undertakings agreed and offered between the parties. These are volu

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