This Practice Note provides practical guidance on procedural issues relating to an application for a Property adjustment order in financial order proceedings, including orders for transfer and for sale. It considers the court’s ability to make an interim order, how to deal with a property that is subject to a mortgage, the Execution of documents, and the interaction between transfer of property orders and sale of property orders. It also sets out guidance on drafting the terms of the order.
The general procedural Requirements on an application for an order in relation to property are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, together with FPR 2010, PD 9A. For practical guidance on the procedural aspects of financial order proceedings generally see: Financial provision—practice and procedure. Note that pre-application requirements apply including attendance at a mediation information and assessment meeting (MIAM) prior to the issue of proceedings, see Practice Notes: Financial proceedings—pre-application requirements and Non-court dispute resolution—mediation information and assessment meetings (MIAMs).
The general approach of the