Jurisdiction(s):
United Kingdom

MWPA 1882 s 17/CPA 2004 s 66 applications: Part 18/19 procedure, case management, injunctions, final orders and costs (England and Wales)

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Practice notes

Practice Note

Practice Note outlines the process for bringing an application under section 17 of the Married Women’s Property Act 1882 (MWPA 1882), and the equivalent route for civil partners. It explains how to commence an application, sets out the separate procedural tracks for free-standing applications and those issued within existing financial order proceedings, addresses case management, injunctive relief and asset preservation, and includes information on final orders and costs. The procedure for applications under MWPA 1882, s 17, or section 66 of the Civil Partnership Act 2004 (CPA 2004) is contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 8, which uses the expression, 'application for question as to property to be decided in summary way'. Under FPR 2010, parties are directed to Part 19 (free-standing application) or Part 18 (application in financial order proceedings). Provision is also made for injunctions and orders for sale. For practical guidance on the substantive law, see Practice Note: Applications under the Married Women’s Property Act 1882—principles. See also: Procedural guide—applications under the Married Women’s Property Act 1882...

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Web page updated on 21/05/2026

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