A mortgagor has an equitable right to redeem the mortgage once the contractual date for redemption has passed. Once redeemed in full, the mortgagee has a duty to discharge the mortgage. See Practice Note:

The intestacy rules (which are found in section 46 of the Administration of Estates Act 1925 (AEA 1925), as amended) provide a framework for dealing with the estate of a deceased person where they have not left a Will, or where a Will that has been left is invalid. The intestacy rules set out who will inherit. The first in line is a spouse or civil partner (up to certain financial limits after which any children also obtain a share), then children if there is no spouse, civil partner or children, surviving parents will inherit in equal shares. This statutory framework is an absolute set of rules and does not contain provision to vary the same. See Practice Notes: Intestacy—summary and Intestacy—beneficial entitlement. In circumstances where a parent has had no contact with the deceased child, it may be that surviving relatives seek

Under section 55(1)(d) of the Family Law Act 1986 (FLA 1986), any person may apply to the High Court or the Family Court for a declaration that the validity of a divorce, annulment or legal separation obtained in any country outside England and Wales in respect of the marriage is entitled to recognition in England and Wales. FLA 1986, s 55(2) provides that the court shall have jurisdiction to entertain such an application if, and only if, either of the parties to the marriage to which the application relates: • is domiciled in England and

A decree absolute is generally considered to be good against the world, but in certain narrow circumstances the court is able to set aside decree absolute. A decree absolute obtained in breach of the rules is void. In Dennis v Dennis, the court had granted decree nisi on the basis of the wife’s petition. The wife then delayed in her application for decree absolute. Instead of waiting the full three months (from the date on which the wife could first have applied for decree absolute) in order to be permitted by the rules to put in

Pension sharing orders are within the categories of financial relief in respect of which an application may be made for an avoidance of disposition order (per section 37(1) of the Matrimonial Causes Act 1973 (MCA 1973) as amended by paragraph 3 of Schedule 3 to the Welfare Reform and Pensions Act 1999). Examples of when such an order might be required might include the prevention of a transfer of a pension arrangement: • into a pension arrangement which is already subject to a prior pension attachment order (so as to prevent pension sharing), or • into a pension arrangement in a foreign jurisdiction, against which a pension sharing order could not be made by a court in England and Wales Any transfer out while pension sharing activity is taking place is likely to cause difficulties. In Morton v Royal London Group (Scottish Life), Scottish Life permitted a former husband to transfer his benefits to Aviva notwithstanding

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court, on the application of any person who is a trustee of land or has an interest in property subject to a trust of land, to make any such order relating to the exercise by the trustees of any of their functions, or declaring the nature or extent of a person’s interest in property subject to the trust as the court thinks fit. Property that is jointly owned is held on a trust of land, ordinarily for the trustees themselves beneficially. Property can also be held in the sole name of the legal owner, but held on trust for others who need not include the legal owner. Where a party wishes to contend that they have a beneficial interest in property to which they are not named as a legal owner,

Applications under Schedule 1 to the Children Act 1989 (ChA 1989) are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 2.3 defines ‘financial remedy’ as including an application under ChA 1989, Sch 1. FPR 2010, SI 2010/2955, 9.26 sets out the procedure on an application for a consent order in relation to a ‘financial remedy’. It does not explicitly exclude an application under ChA 1989, Sch 1, but nor does it make specific reference to it. In summary, the procedure specified by FPR 2010, SI 2010/2955, 9.26 is: • the applicant must file two copies of a draft of the order in the terms sought, one of which must be endorsed with a statement signed by the respondent

A certificate of lawfulness of existing use can be applied for under section 191 of the Town and Country Planning Act 1990 (TCPA 1990) if a person wants to ascertain whether: • any existing use of buildings or other land is lawful • any operations which have been carried out in, on, over or under land are lawful, or • any other matter constituting a failure to comply with any condition or limitation subject to

Can an application for a financial order be made after decree absolute? There is no prohibition on an application for a financial order being made after the decree absolute has been pronounced where the applicant has not remarried, although regard should be given to the potential impact of any delay in making the application. See Q&A: What is the impact of delay on an application for a financial remedy? which also includes a summary as to the position in relation to remarriage. What is the impact of remarriage? The position regarding an application subsequent to the remarriage of a party is provided for

Can an application for a financial order be made after decree absolute? There is no prohibition on an application for a financial order being made after the decree absolute has been pronounced where the applicant has not remarried, although regard should be given to the potential impact of any delay in making the application. See Q&A: What is the impact of delay on an application for a financial remedy? which also includes a summary as to the position in relation to remarriage. What is the impact of remarriage? The position regarding an application subsequent to the remarriage of a party is provided for

The only potential ground for granting a nullity of marriage order in circumstances described would appear to be that found in section 12(1)(b) of the Matrimonial Causes Act 1973 (MCA 1973) namely, that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it. This is a ground upon which a marriage may be found to be voidable. A wilful refusal to consummate requires ‘a settled and definite decision come to without just excuse’ (In re Mills’ Trusts). This is not therefore a temporary unwillingness which may be overcome given time, but rather a steadfast refusal to engage

Adverse possession Unregistered land A claim to title by way of adverse possession in relation to unregistered land is governed by sections 15, 17 and Schedule 1 to the Limitation Act 1980 (LA 1980). In summary, the true owner of land who has been dispossessed by another person (referred to in this Q&A as ‘the squatter’) has 12 years from the date on which they were dispossessed within which to bring an action to recover possession of the land from the squatter. If they do not do so, their title to the land is extinguished and title is acquired by the squatter, who can then apply for first registration. As to what constitutes ‘adverse possession’, see Practice Note: Establishing adverse possession of land. Registered land The Land Registration Act 2002 (LRA 2002) introduces an entirely different regime for claiming title by way of adverse possession