Q&As

The parties have agreed to vary a consent order to change the details of to whom a property will be transferred. If the change does not alter the financial impact of the order and is in effect just an administrative change, is it necessary to file a Form D81 with the draft order, and if so do all sections need to be completed, or is an explanatory letter to the court sufficient? If the change would alter the financial impact of the order, what would be required?

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Published on: 02 February 2023
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It is presumed from the information provided that the order referred is a transfer of property order made under section 24(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973). Such an order is not capable of variation under MCA 1973, s 31: see MCA 1973, s 31(2)(e). Capital orders are intended to be final and incapable of variation with only limited exceptions which would not appear to apply here.

Furthermore, the jurisdiction under MCA 1973, s 24(1)(a) only permits transfers to the other party, a child of the family

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