Property adjustment orders—general principles
Property adjustment orders—general principles

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Property adjustment orders—general principles
  • Orders that may be made by the court
  • Interim orders
  • Property adjustment orders for the benefit of children
  • What is property?
  • Overseas property
  • Valuing property
  • Third party interests in property
  • Tax considerations
  • Bankruptcy
  • more

Orders that may be made by the court

Under section 24(1) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 2 tothe Civil Partnership Act 2004 at para 7(1) (CPA 2004) the court has the power tomake one or more of the following property adjustment orders:

  1. an order that a party tothe marriage or civil partnership shall transfer tothe other party, toany child of the family or tosuch person as may be specified in the order for the benefit of such a child, such property as may be so specified, being property towhich the first mentioned party is entitled, either in possession or reversionMCA 1973, s 24(1)(a)CPA 2004, Sch 5, Pt 2, para 7(1)(a)

  2. an order that a settlement of such property, as may be so specified, being property towhich a party tothe marriage or civil partnership is so entitled, be made tothe satisfaction of the court for the benefit of the other party tothe marriage or civil partnership, and of the children of the family or either or any of themMCA 1973, s 24(1)(b)CPA 2004, Sch 5, Pt 2, para 7(1)(b)

  3. an order varying for the benefit of the parties tothe marriage or civil partnership and of the children of the family or either or any of them, any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made by the parties tothe marriage or civil partnership, other than one in the form of a pension arrangement, or an order extinguishing or reducing the interest of

Related documents: