Jurisdiction(s):
United Kingdom

MWPA 1882 s 17 and CPA 2004 s 66 applications: FPR 2010 Parts 18 and 19 procedure, forms, evidence, hearings, remedies and costs (England and Wales)

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Procedural Guide

This Procedural Guide outlines the approach to applications made under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) or section 66 of the Civil Partnership Act 2004 (CPA 2004), for spouses and civil partners, extended to former spouses, former civil partners and those previously engaged. MWPA 1882, s 17 and its civil partnership analogue allow the court to determine, in a summary fashion, disputes concerning title to or possession of property between spouses or civil partners. In practice, this route is seldom used given the extensive range of orders available under Part II of the Matrimonial Causes Act 1973 and CPA 2004, Sch 5. Applications may likewise be issued by former spouses and civil partners, and by individuals who were formerly engaged (technically, parties to a terminated agreement to marry or civil partnership agreement) within three years of the dissolution or annulment of the marriage or civil partnership, or the termination of the engagement. See Practice Note: Applications under the Married Women’s Property Act 1882—principles...

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Web page updated on 20/05/2026

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