What Can The Court Order?

The Court can potentially deal with:

The matrimonial home and all other assets including land, contents, life policies, stocks and shares, motor vehicles, pension benefits, maintenance and in limited circumstances, maintenance for the child of the family.

Between spouses, a court can order:

Maintenance

Each party has reciprocal maintenance claims against the other. This can be on an interim basis, long-term, or for a set period of time. It is also possible for the party receiving maintenance to apply to have the maintenance ‘capitalised’ ie. receive a lump sum in lieu of maintenance. The Court may also vary the maintenance upwards or downwards or even dismiss it.

Transfer of Properties

Either party can be ordered to transfer all or any of their assets or property to the other. This is the case whether the property is owned jointly or individually. This also applies to tenancies. The Court may also apply a charge against a property for the benefit of a spouse.

Sale of Property

The Court may order the sale of a property and the division of the proceeds.

Trusts and Pensions

The Court has the power to vary trusts made between spouses and divide pensions.

Lump Sum payments

The Court may order the payment of a lump sum from one spouse to another or to a child of the family or even a future payment.

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.