Procedure for setting aside reviewable dispositions defeating financial remedy claims—MCA 1973 s 37/CPA 2004 applications under FPR Part 18 (England and Wales)

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If one party suspects the other has transferred assets to a third party to undermine their claims in financial remedy proceedings arising from divorce or dissolution of a civil partnership, they may seek relief under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or the corresponding provision in the Civil Partnership Act 2004 (CPA 2004). Any such transfer is a 'reviewable' disposition, enabling the court to examine it and, where appropriate, nullify it. The application can be brought either before, or after, the court has made an order in the substantive financial proceedings. The recipient third party must be added as a party to the case. Procedure is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18. A financial application must be extant when asking the court to set aside. This requires a properly constituted application under any of MCA 1973, ss 22, 23, 24, 24B, 27, 31 (save for MCA 1973, s 31(6)) or MCA 1973, s 35, or the CPA 2004 equivalents. If no proceedings have yet been issued, that defect can be cured by issuing an application so that application to set aside is properly before the court at the time...

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Web page updated on 20/05/2026

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