HL Deb 17 May 2004 vol 661 cc293-4GC

59 (1) This paragraph applies if proceedings for relief ("financial relief') are brought by one person ("A") against another ("B") under Part 1, 2, 3, 6, 7 or 9 (other than paragraph 45(2)), or paragraph 54.

(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—

  1. (a) make any disposition, or
  2. (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—

  1. (a) B has, with the intention of defeating A's claim for financial relief, made a reviewable disposition, and
  2. (b) if the disposition were set aside, financial relief or different financial relief would be granted to A,
it may 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).

60 (1) Any reference in paragraph 59 to defeating A's claim for financial relief is to—

  1. (a) preventing financial relief from being granted to A, or to A for the benefit of a child of the family,
  2. (b) reducing the amount of any financial relief which might be so granted, or
  3. (c) frustrating or impeding the enforcement of any order which might be or has been made at A's instance under any of the provisions mentioned in paragraph 59(1).

(2) In paragraph 59 and this paragraph "disposition"—

  1. (a) does not include any provision contained in a will or codicil, but
  2. (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 paragraph 59(3) and (4) unless it was made—

  1. (a) for valuable consideration (other than formation of a civil partnership), and
  2. (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 59 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—

  1. (a) in a case falling within paragraph 59(2) or (3), that the disposition or other dealing would (apart from paragraph 59) have the consequence of defeating A's claim for financial relief, or
  2. (b) in a case falling within paragraph 59(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.

61 (1) An order under paragraph 59(2), to the extent that it restrains B from making a disposition of any land in Northern Ireland which is specified in the order—

  1. (a) creates on the land a statutory charge, and
  2. (b) subject to section 88 of the 1970 Act (statutory charge to be void against purchaser in certain circumstances), renders liable to be set aside by the court at the instance of A any disposition of the land in contravention of the order.

(2) In this paragraph and paragraph 62— disposition" has the same meaning as in paragraphs 59 and 60; 1970 Act" means the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)); statutory charge" has the same meaning as in the 1970 Act.

(3) Nothing in sub-paragraph (1)(b) or section 88(1) of the 1970 Act affects any power of the court to set aside a disposition under paragraph 59(3) or (4).

62 (1) The registration of a statutory charge created under paragraph 61(1)(a) shall be effective until—

  1. (a) the expiration of 1 year from the date of its registration or of the last renewal of its registration, unless the registration is renewed or further renewed before the expiration of that period, or
  2. (b) the court orders that it is to cease to have effect.

(2) When the registration ceases to have effect the Registrar of Titles may cancel it.

(3) Nothing in this paragraph affects any provision of section 91 of the 1970 Act (cancellation and modification of statutory charges).

(4) An application for the renewal, under sub-paragraph (1)(a), of the registration of a charge may be made in the same manner as the application for the original registration.