Q&As

Where the parties have been engaged, can an application be made under section 17 of the Married Women's Property Act 1882? What is the procedure on such application and the approach of the court? What alternative remedies are there for a formerly engaged couple?

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Published on LexisPSL on 27/02/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where the parties have been engaged, can an application be made under section 17 of the Married Women's Property Act 1882? What is the procedure on such application and the approach of the court? What alternative remedies are there for a formerly engaged couple?

A detailed consideration of the Married Women's Property Act 1882 (MWPA 1882) is outside the scope of Lexis®PSL Family, as such applications are rare.

An application may be made under MWPA 1882, s 17 by those who were engaged to be married, provided that no more than three years has elapsed since the engagement was broken off.

Under MWPA 1882, s 17 the court has the power to resolve any dispute over the title to or possession of property, but it cannot adjust interests in property. Property can include personal property, and the net proceeds of sale of property, or any other property bought with the net proceeds.

An application under MWPA 1882, s 17 is family proceedings and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 apply. FPR 2010, SI 2010/2955, Pt 8 (Procedure for Miscellaneous Applications) makes provision as to applications under MWPA 1882, s 17, in partic

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