Special considerations for third-party interests
Special considerations for third-party interests

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

  • Special considerations for third-party interests
  • Potential third-party interests
  • Mortgaged property
  • Pension scheme membership
  • Business interests
  • Interests under a trust
  • Insolvency
  • Co-ownership of property
  • Case management
  • Practical considerations

There are a range of situations in which the interests of third parties will be relevant to the parties’ finances. The degree to which third parties will become involved in financial order (ancillary relief) proceedings will vary from case to case, but any potential interests should be identified at an early stage. This will avoid the parties obtaining a final order, either by consent or after a final hearing, that cannot then be implemented. See also Practice Note: Joinder of third parties in financial proceedings for further practical guidance on the circumstances in which a third party may be joined in the proceedings and the procedural steps required.

Potential third-party interests

In Fisher Meredith v JH and PH (Financial Remedy: Appeal: Wasted Costs), Mostyn J suggested that the onus of taking steps to join a third party to financial order proceedings will vary depending on whether an asset is held in the name of a third party or where a party asserts that they hold an asset for the benefit of a third party.

Third-party interests will be particularly relevant where one or both of the parties are:

  1. owners of a property subject to a mortgage, if a property adjustment order is sought under the Matrimonial Causes Act 1973 (MCA 1973) or under the Civil Partnership Act 2004 (CPA 2004)

  2. members of a pension scheme, see also

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