SCHEDULES
SCHEDULE 5F1Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
Part 14Miscellaneous and supplementary
Avoidance of transactions intended to prevent or reduce financial relief
74
1
This paragraph applies if proceedings for relief (“financial relief”) are brought by one person (“A”) against another (“B”) under Part 1, 2, 4, 8, 9, or 11 (other than paragraph 60(2)), or paragraph 69.
2
If the court is satisfied, on an application by A, that B is, with the intention of defeating A’s claim for financial relief, about to—
a
make any disposition, or
b
transfer out of the jurisdiction or otherwise deal with any property,
it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim.
3
If the court is satisfied, on an application by A, that—
a
B has, with the intention of defeating A’s claim for financial relief, made a reviewable disposition, and
b
if the disposition were set aside, financial relief or different financial relief would be granted to A,
it make an order setting aside the disposition.
4
If the court is satisfied, on an application by A in a case where an order has been obtained by A against B under any of the provisions mentioned in sub-paragraph (1), that B has, with the intention of defeating A’s claim for financial relief, made a reviewable disposition, it may make an order setting aside the disposition.
5
An application for the purposes of sub-paragraph (3) must be made in the proceedings for the financial relief in question.
6
If the court makes an order under sub-paragraph (3) or (4) setting aside a disposition it must give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
75
1
Any reference in paragraph 74 to defeating A’s claim for financial relief is to—
a
preventing financial relief from being granted to A, or to A for the benefit of a child of the family,
b
reducing the amount of any financial relief which might be so granted, or
c
frustrating or impeding the enforcement of any order which might be or has been made at A’s instance under any of those provisions.
2
In paragraph 74 and this paragraph “disposition”—
a
does not include any provision contained in a will or codicil, but
b
subject to paragraph (a), includes any conveyance, assurance or gift of property of any description (whether made by an instrument or otherwise).
3
Any disposition made by B (whether before or after the commencement of the proceedings for financial relief) is a reviewable disposition for the purposes of paragraphs 74(3) and (4) unless it was made—
a
for valuable consideration (other than formation of a civil partnership), and
b
to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on B’s part to defeat A’s claim for financial relief.
4
If an application is made under paragraph 74 with respect to a disposition which took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property which is about to take place and the court is satisfied—
a
in a case falling within paragraph 74(2) or (3), that the disposition or other dealing would (apart from paragraph 74) have the consequence of defeating A’s claim for financial relief, or
b
in a case falling within paragraph 74(4), that the disposition has had the consequence of defeating A’s claim for financial relief,
it is presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of defeating A’s claim for financial relief.
Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)