Judicial Separation and Family Law Reform Act, 1989
|
Orders for sale of property. |
18.—(1) Where the court makes a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in that order, being property in which or in the proceeds of sale of which either or both spouses has or have a beneficial interest, either in possession or reversion. | |
(2) The power to make an order for sale in the case of a property adjustment order shall not be exercised so as to interfere with a right to occupy the family home conferred by that order. | ||
(3) An order under subsection (1) of this section may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include— | ||
(a) provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and | ||
(b) provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order. | ||
(4) Where an order is made under subsection (1) of this section, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified. | ||
(5) Where an order under subsection (1) of this section contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a spouse, the order shall cease to have effect on the death of that spouse. | ||
(6) Where a spouse has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not one of the spouses also has a beneficial interest in that property or in the proceeds of sale thereof, then, before deciding whether to make an order under this section in relation to that property, it shall be the duty of the court to give that other person an opportunity to make representations with respect to the order; and any representations made by that other person shall be included among the circumstances to which the court is required to have regard under section 20 . |