/ Divorce / Property Adjustment Orders

Property Adjustment Orders

On the breakdown of a marriage, the Court has extensive powers to order transfers or sales of property and other assets in favour of spouses or children.

Disclaimer

This guide outlines general topics you should be thinking about if you want to get a divorce in Northern Ireland. But it is not legal advice. If you need legal advice, you should contact a specialist divorce solicitor for advice on your specific circumstances.

Property Adjustment Orders

The overriding objective of the court will be to split assets in a fair way, and in a way that makes sure everyone’s needs are met (insofar as is possible).

This will sometimes require the Court to get creative. Perhaps it will need to order the sale of a property and direct that the proceeds be paid to someone (or a group of people).

Perhaps it might direct that someone can have the use of property, but not ownership of it (e.g. a wife and children living in a house until the children are adults), etc.

Article 26 of the Matrimonial Causes Order sets out the range of powers the court can put to use when deciding how to split assets.

They include:

  • ordering the sale of a property
  • transferring property from one spouse to the other (or to children)
  • transferring a property from joint name to a sole name
  • allowing a spouse or child to use a property up to a specified future date
  • allowing a spouse or child to stay in a property for life or until a “trigger” event (e.g. spouse remarries)

It’s useful to bear in mind the extent of these powers, when you are considering what kind of financial settlement you aim to achieve during your ancillary relief proceedings.

The above article is part of our guide on how to get a divorce in Northern Ireland.

If you are thinking about getting a divorce, you should get in touch with a Northern Ireland specialist divorce solicitor who will be able to provide advice tailored to your own personal circumstances.

If you have any questions, you are very welcome to get in touch.

All the best,

The Team @ Lightlaw
Every effort is made to keep this guide up to date. Although it is not to be regarded as legal advice, we strive to make sure the information is helpful, accurate and practical. If you are a Northern Ireland divorce solicitor and have spotted an inaccuracy, you can submit a suggested change.
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