AI Summary of 35. Powers of court in relation to transactions intended to prevent or reduce relief.
Defines key terms: “disposition” as any disposition of property other than by will or codicil; “relief” as financial or material benefits conferred by specified statutory orders; and “reviewable disposition” in spouse-relief proceedings, excluding dispositions for valuable consideration to persons acting in good faith without notice of intent to defeat a claim. Provides who may apply: a person with undetermined relief proceedings, granted leave under section 23(3), or intending to apply after one year’s ordinary residence.
The court may restrain proposed dispositions or transfers out of the jurisdiction, set aside reviewable dispositions made with the intention of defeating a claim (including where relief has already been granted), and include implementation provisions such as payments or disposal of property. Where section 27(1) conditions are unmet, orders under subsection (2) are limited to the family home. A presumption of intent applies to dispositions within three years or proposed dispositions unless rebutted; applications to set aside under subsection (2)(a)(II) or (b) are barred after six years from the disposition date.
35. Powers of court in relation to transactions intended to prevent or reduce relief.
(1) In this section -
"disposition" means any disposition of property howsoever made other than a disposition made by a will or codicil;
"relief" means the financial or other material benefits conferred by -
(a) an order under section 7, 8 or 9, paragraph (a) or (b) of section 10(1) or section 11, 12, 13, 15A, 17, 18 (other than an order affecting an order referred to in subsection (1)(e) thereof), 24 or 25, or
(aa) an order under section 11(2)(b) of the Act of 1964 or section 5, 5A or 7 of the Act of 1976, or
(b) a relief order (other than an order under section 18 affecting an order referred to in subsection (1)(e) thereof),
and references to defeating a claim for relief are references to -
(i) preventing relief being granted to the person concerned, whether for the benefit of the person or a dependent member of the family concerned,
(ii) limiting the relief granted, or
(iii) frustrating or impeding the enforcement of an order granting relief;