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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989


This is the original version (as it was originally made).

Prevention of transactions intended to defeat prospective applications for financial relief

28.—(1) Where, on an application by a party to a marriage, it appears to the court—

(a)that the marriage has been dissolved or annulled, or that the parties to the marriage have been legally separated, by means of judicial or other proceedings in an overseas country; and

(b)that the applicant intends to apply for leave to make an application for an order for financial relief under Article 21 as soon as he or she has been habitually resident in Northern Ireland for a period of one year; and

(c)that the other party to the marriage is, with the intention of defeating a claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property,

the court may make such order as it thinks fit for restraining the other party from taking such action as is mentioned in sub-paragraph (c).

(2) For the purposes of an application under paragraph (1)—

(a)the reference to defeating a claim for financial relief shall be construed in accordance with paragraph (1) of Article 27 (omitting the reference to any order which has been made); and

(b)paragraphs (7) and (8) of Article 27 shall apply as they apply for the purposes of an application under that Article.

(3) The preceding provisions of this Article are without prejudice to any power of the court to grant injunctions under section 91 of the Judicature (Northern Ireland) Act 1978(1).

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