23 March 2012
Has the law been reversed by the Family Procedure Rules 2010...
Has the law been reversed by the Family Procedure Rules 2010 (FPR) (without any primary legislative change) so that where there has been an application for property adjustment the court can make an interim order for sale of the former matrimonial home before the final hearing? If so, must there first be a decree nisi?
No. The FPR cannot create a power to make interim financial orders for which there is no statutory provision. The reference in FPR r 9.7 to “any other form of interim order” is intended to relate to only those which are permitted by statute.
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