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Power of court to set aside and prevent dispositions intended to defeat claims to maintenance

Women’s Charter 1961

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Proposed text

—(1) Where —(a)any matrimonial proceedings are pending;(b)an order has been made under section 112 and has not been complied with;(c)an order for maintenance has been made under section 113 or 127 and has not been rescinded;(d)maintenance is payable under any agreement to or for the benefit of a wife or former wife, an incapacitated husband or incapacitated former husband, or a child; or(e)an order has been made under section 121E or 121G and has not been rescinded or complied with,the court has power on application —(f)to set aside any disposition of property, if it is satisfied that the disposition of property has been made within the preceding 3 years, with the object on the part of the person making the disposition of —(i)reducing that person’s means to pay maintenance; or(ii)depriving that person’s wife, former wife, incapacitated husband or incapacitated former husband of any rights in relation to that property; and(g)if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing that disposition.(2) In this section —“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered but does not include a disposition made for money or money’s worth to or in favour of a person acting in good faith and in ignorance of the object with which the disposition is made;“property” means property of any nature, movable or immovable, and includes money.

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