Property adjustment orders—procedural issues and drafting the order

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

  • Property adjustment orders—procedural issues and drafting the order
  • Interim orders
  • Transfer of property orders
  • Transfer of property orders where there is a mortgage
  • Outright transfer to one party
  • Mesher and Martin orders
  • Transfer of property with a lump sum payment
  • Execution of documents
  • Sale of property orders
  • Court's approach
  • More...

Property adjustment orders—procedural issues and drafting the order

This Practice Note provides practical guidance on procedural issues relating to an application for a property adjustment order in financial order proceedings, including orders for transfer and for sale. It considers the court’s ability to make an interim order, how to deal with a property that is subject to a mortgage, the execution of documents, and the interaction between transfer of property orders and sale of property orders. It also sets out guidance on drafting the terms of the order.

The general procedural requirements on an application for a property order are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9 and FPR 2010, PD 9A. For practical guidance on the procedural aspects of financial order proceedings generally see: Financial provision—practice and procedure. Note that pre-application requirements apply including attendance at mediation information and assessment meeting (MIAM) prior to the issue of proceedings, see Practice Notes: Financial proceedings—pre-application requirements and Non-court dispute resolution—mediation information and assessment meetings (MIAMs).

Interim orders

The general approach of the courts is that an interim order, including an order in relation to property, should not pre-empt the outcome of the substantive proceedings. Wicks v Wicks is authority that the court may not make an interim order in relation to capital. In addition, section 24A of the Matrimonial Causes Act 1973

Related documents:

Popular documents