Q&As

Where there is a risk of bankruptcy, can the court make an interim order for sale in financial remedy proceedings?

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Published on LexisPSL on 25/01/2021

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

  • Where there is a risk of bankruptcy, can the court make an interim order for sale in financial remedy proceedings?

The court has no jurisdiction to make an interim property adjustment order, per the Court of Appeal decision in Wicks v Wicks. In addition, section 24A of the Matrimonial Causes Act 1973 provides that an order for the sale of property may only be made on or after the making of an order for periodical payments, a lump sum order, a property adjustment order, or a legal services payment order and generally such orders (save for a legal services payment order) will be made at a final hearing or be contained within a final order made by consent.

The courts have, since

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