Family Law (Divorce) Act 1996

Property adjustment orders.

14

14. (1) On granting a decree of divorce 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.

(2) An order under paragraph (b), (c) or (d) may restrict to a specified extent or exclude the application of section 22 in relation to the order.

(3) If, after the grant of a decree of divorce, either of the spouses concerned remarries F11 [ or registers in a civil partnership ], the court shall not, by reference to that decree, make a property adjustment order in favour of that spouse.

(4) Where a property adjustment order is made in relation to land, a copy of the order certified to be a true copy by the registrar or clerk of the court concerned shall, as appropriate, be lodged by him or her in the Land Registry for registration pursuant to section 69 (1)( h) of the Registration of Title Act, 1964, in a register maintained under that Act or be registered in the Registry of Deeds.

F12 [ (4A) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)( h ) of the Registration of Title Act 1964 or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with

( a ) cancel the entry made in the register under the Registration of Title Act 1964 , or

( b ) note compliance with the order in the Registry of Deeds. ]

(5) Where—

( a) a person is directed by an order under this section to execute a deed or other instrument in relation to land, and

( b) the person refuses or neglects to comply with the direction or, for any other reason, the court considers it necessary to do so,

the court may order another person to execute the deed or instrument in the name of the first-mentioned person; and a deed or other instrument executed by a person in the name of another person pursuant to an order under this subsection shall be as valid as if it had been executed by that other person.

(6) Any costs incurred in complying with a property adjustment order shall be borne, as the court may determine, by either of the spouses concerned, or by both of them in such proportions as the court may determine, and shall be so borne in such manner as the court may determine.

(7) This section shall not apply in relation to a family home in which, following the grant of a decree of divorce, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.

Annotations:

Amendments:

F11

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 152, S.I. No. 648 of 2010.

F12

Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 75(a), S.I. No. 274 of 2008.

Editorial Notes:

E11

Form of application for cancellation of Property Adjustment Order pursuant to section prescribed (1.11.2009) by Registration of Deeds Rules 2009 (S.I. No. 350 of 2009), rl. 3, in effect as per rl. 2.

E12

Method for application for cancellation of Property Adjustment Order pursuant to section prescribed (1.11.2009) by Land Registration Rules 2009 (S.I. No. 349 of 2009), rl. 5, in effect as per rl. 2.

E13

Procedure for application for registration of an order of Court pursuant to section prescribed (1.05.2008) by Registration of Deeds Rules 2008 (S.I. No. 52 of 2008), rl. 14(2), in effect as per rl. 1.