Rule 2.61 Evidence on application for property adjustment or avoidance of disposition order

Northern Ireland

(1)

Where an application is made for a property adjustment order, or an avoidance of disposition order, the application shall state briefly the nature of the adjustment proposed or the disposition to be set aside and the notice in Form M13 or M15, as the case may be, shall, unless the court otherwise directs, be supported by an affidavit by the applicant stating the facts relied on in support of the application.

(2)

The affidavit in support shall contain, so far as known to the applicant, full particulars—

(a)

in the case of an application for a transfer or settlement of property—

(i)

of the property in respect of which the application is made,

(ii)

of the property to which the party against whom the application is made is entitled in possession or in reversion;

[(b

^f1 in the case of an application for a variation of settlement order—

(i)

of all settlements—

(a)

in a matrimonial cause, whether ante-nuptial or post-nuptial, made on the spouses, or

(b)

in a civil partnership cause, whether prior to or after the formation of the civil partnership, and

(ii)

of the funds brought into settlement by each spouse or civil partner, as the case may be;]

(c)

in the case of an application for an avoidance of disposition order—

(i)

of the property to which the disposition relates,

(ii)

of the persons in whose favour the disposition is alleged to have been made and, in the case of a disposition alleged to have been made by way of settlement, of the trustees and the beneficiaries of the settlement.

(3)

Where an application for a property adjustment order or an avoidance of disposition order relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (2)—

(a)

state if known to the applicant, whether the title to the land is registered or unregistered and, if registered, the Land Registry folio number,

(b)

give particulars, so far as known to the applicant, of any mortgage, charge or lien whatsoever on the land or on any interest therein.

(4)

A copy of Form M13 or M15, as the case may be, together with a copy of the supporting affidavit, shall be served on the following persons as well as on the respondent to the application, that is to say—

(a)

in the case of an application for a variation of settlement order, the trustees of the settlement and the settlor if living,

(b)

in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made,

(c)

in the case of an application to which paragraph 3 refers, any mortgagee or chargee or person who claims a lien on the property of whose interest particulars are given pursuant to that paragraph,

and such other persons, if any, as the Master may direct.

(5)

Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer.

Rule 2.61 Evidence on application for property adjustment or avoidance of disposition order

Annotations

Footnotes

Notes on Part II

Footnotes