AI Summary of 9. Property adjustment orders.
On granting a decree of judicial separation or at any time thereafter the court may, on application by either spouse or by a person on behalf of a dependent family member and during the lifetime of the other spouse, make a property adjustment order. Such orders may transfer specified property, settle specified property for the benefit of the other spouse and dependents, vary ante‑ or post‑nuptial settlements (including wills or codicils) or extinguish or reduce a spouse’s interest under such settlements. Orders under (b), (c) or (d) may restrict or exclude the application of section 18; the court shall not make an order in favour of a spouse who, after the decree, remarries or registers a civil partnership. The section does not apply to a family home in which, following the decree, either spouse, having remarried, ordinarily resides with their spouse.
Where a property adjustment order relates to land, a court‑certified true copy must be lodged in the Land Registry pursuant to section 69(1)(h) of the Registration of Title Act 1964 or be registered in the Registry of Deeds; when complied with the Property Registration Authority shall cancel the register entry or note compliance in the Registry of Deeds. If a directed person refuses to execute a deed, the court may order another to execute it in that person’s name, and deeds so executed are as valid as if executed by the original person. Costs of complying with a property adjustment order shall be borne as the court determines.
9. Property adjustment orders.
(1) On granting a decree of judicial separation or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make a property adjustment order, that is to say, an order providing for one or more of the following matters:
(a) the transfer by either of the spouses to the other spouse, to any dependent member of the family or to any other specified person for the benefit of such a member of specified property, being property to which the first-mentioned spouse is entitled either in possession or reversion;
(b) the settlement to the satisfaction of the court of specified property, being property to which either of the spouses is so entitled as aforesaid, for the benefit of the other spouse and of any dependent member of the family or of any or all of those persons;
(c) the variation for the benefit of either of the spouses and of any dependent member of the family or of any or all of those persons of any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses;
(d) the extinguishment or reduction of the interest of either of the spouses under any such settlement.