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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 2499
Experience:  Consultant Solicitor at Setfords
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Could you please tell me under what specific law, the Family

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Could you please tell me under what specific law, the Family Court can reverse the transfer of a property that was made to a third party? I cannot find anything specific regarding this in the Matrimonial Causes act 1973.

Hello, my name is Marcus.

It is known as avoidance of disposition order dealt with by Section 37(2) Matrimonial Cause Act.

I shall provide a link of a useful article.

Thank you.

https://www.newlawjournal.co.uk/content/scuppering-unscrupulous-spouses

Where proceedings for financial relief are brought by one person against another, the court may, on the applicaton of the first-mentioned person—

(a)if it is satisfied that the other party to the proceedings is, with the intention of defeating the claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property, make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting the claim;

(b)if it is satisfied that the other party has, with that intention, made a reviewable disposition and that if the disposition were set aside financial relief or different financial relief would be granted to the applicant, make an order setting aside the disposition;

(c)if it is satisfied, in a case where an order has been obtained under any of the provisions mentioned in subsection (1) above by the applicant against the other party, that the other party has, with that intention, made a reviewable disposition, make an order setting aside the disposition;and an application for the purposes of paragraph (b) above shall be made in the proceedings for the financial relief in question.

MARCUS Malin and other Family Law Specialists are ready to help you
Customer: replied 5 days ago.
Excellent, thank you

You are most welcome.