Q&As

In relation to potential future or ongoing proceedings under Schedule 1 to the Children Act 1989, one party owns a property that will be considered as part of their capital resources, but there is a possibility that the property will be sold or transferred. Can an application be made for a freezing order to prevent a future sale or transfer of the property, or to set aside any previous sale or the transfer of assets if it is thought that the sale or transfer was made in order to defeat the Schedule 1 claim, equivalent to the provisions of section 37 of the Matrimonial Causes Act 1973?

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Published on LexisPSL on 18/01/2019

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

  • In relation to potential future or ongoing proceedings under Schedule 1 to the Children Act 1989, one party owns a property that will be considered as part of their capital resources, but there is a possibility that the property will be sold or transferred. Can an application be made for a freezing order to prevent a future sale or transfer of the property, or to set aside any previous sale or the transfer of assets if it is thought that the sale or transfer was made in order to defeat the Schedule 1 claim, equivalent to the provisions of section 37 of the Matrimonial Causes Act 1973?

The provisions of section 37 of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent) apply only to proceedings under MCA 1973, however the remedy of a freezing order (Mareva) is available in relation to wider proceedings. The jurisdiction for the making of a freezing order is provided by section 37 of the Senior Courts Act 1981 (SCA 1981), which derives as a hybrid creation partly from the inherent jurisdiction and partly from statutory intervention, and remains in force post-introduction of the Family Procedure Rules 2010, SI 2010/2955. SCA 1981, s 37(1) provides that:

‘The High Court may by order (whether interlocutory

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