Q&As

On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest in the family home rather than the other spouse?

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Published on LexisPSL on 21/05/2020

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

  • On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest in the family home rather than the other spouse?

On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest in the family home rather than the other spouse?

The parties to divorce proceedings are the petitioner and respondent, and therefore only they will be bound by a financial order made by the court in those proceedings. In some circumstances, the court may consider it appropriate to join a third party to financial proceedings on divorce and Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.26B provides that the court may direct that a person or body be added as a party to proceedings for a financial remedy if:

  1. it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings, or

  2. there is an issue involving the third party and an existing party that is connected to the matters in dispute in the proceedings and it is desirable to add the third party so that the court can resolve that issue

The court may also direct that any person or body be removed as a party if it is not desirable for that person or body to be a party to the proceedings.

See also Practice Note:

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