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

The following Family practice 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 to the Civil Partnership Act 2004 at para 7(1) (CPA 2004) the court has the power to make one or more of the following property adjustment orders:

  1. an order that a party to the marriage or civil partnership shall transfer to the other party, to any child of the family or to such person as may be specified in the order for the benefit of such a child, such property as may be so specified, being property to which the first mentioned party is entitled, either in possession or reversion

  2. an order that a settlement of such property, as may be so specified, being property to which a party to the marriage or civil partnership is so entitled, be made to the satisfaction of the court for the benefit of the other party to the marriage or civil partnership, and of the children of the family or either or any of them

  3. an order varying for the benefit of the parties to the 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 to the marriage

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