Women’s Charter 1961 · s 139M

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—(1) The court has the power on application —(a)to set aside any disposition of property by a person (called in this section A) — if the court is satisfied that the disposition of property has been made within the preceding 3 years immediately before the date of the making of the application, with the object on the part of A to produce the relevant consequence; or(b)to grant an injunction preventing any disposition of property by A — if the court is satisfied that A is making the disposition with the object on the part of A to produce the relevant consequence.(2) In a case where a maintenance order has been made and has not been discharged or rescinded, unless the contrary is proved, A is presumed to have made, or to be making, a disposition of property with the object on the part of A to produce the relevant consequence if the court is satisfied that —(a)in the case of a disposition mentioned in subsection (1)(a) — the disposition has had the relevant consequence; or(b)in the case of a disposition mentioned in subsection (1)(b) — the disposition would have (apart from this section) the relevant consequence.(3) The court must not make an order under subsection (1)(a) setting aside any disposition if the disposition was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any object on the part of A to produce the relevant consequence.(4) Where the court makes an order under subsection (1)(a), the court may give any consequential direction that it thinks fit for giving effect to the order, including any direction for the making of any payment or the disposal of any property.(5) In this section —“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered;“property” means property of any nature, movable or immovable, and includes money;“relevant consequence” means —(a)the reduction of A’s means to pay maintenance; or(b)the deprivation of A’s wife, former wife, incapacitated husband, incapacitated former husband or child, of any rights in relation to property, whether or not the rights have accrued to A’s wife, former wife, incapacitated husband, incapacitated former husband or child (as the case may be) at the time that the application under subsection (1) is made.
The court has the power on application —(a)to set aside any disposition of property by a person (called in this section A) — if the court is satisfied that the disposition of property has been made within the preceding 3 years immediately before the date of the making of the application, with the object on the part of A to produce the relevant consequence; or(b)to grant an injunction preventing any disposition of property by A — if the court is satisfied that A is making the disposition with the object on the part of A to produce the relevant consequence.
In a case where a maintenance order has been made and has not been discharged or rescinded, unless the contrary is proved, A is presumed to have made, or to be making, a disposition of property with the object on the part of A to produce the relevant consequence if the court is satisfied that —(a)in the case of a disposition mentioned in subsection (1)(a) — the disposition has had the relevant consequence; or(b)in the case of a disposition mentioned in subsection (1)(b) — the disposition would have (apart from this section) the relevant consequence.
The court must not make an order under subsection (1)(a) setting aside any disposition if the disposition was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any object on the part of A to produce the relevant consequence.
Where the court makes an order under subsection (1)(a), the court may give any consequential direction that it thinks fit for giving effect to the order, including any direction for the making of any payment or the disposal of any property.
In this section —
“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered;
“property” means property of any nature, movable or immovable, and includes money;
“relevant consequence” means —(a)the reduction of A’s means to pay maintenance; or(b)the deprivation of A’s wife, former wife, incapacitated husband, incapacitated former husband or child, of any rights in relation to property, whether or not the rights have accrued to A’s wife, former wife, incapacitated husband, incapacitated former husband or child (as the case may be) at the time that the application under subsection (1) is made.

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s 139MPower of court to set aside or prevent dispositions

(1)

The court has the power on application —

(a)

to set aside any disposition of property by a person (called in this section A) — if the court is satisfied that the disposition of property has been made within the preceding 3 years immediately before the date of the making of the application, with the object on the part of A to produce the relevant consequence; or

(b)

to grant an injunction preventing any disposition of property by A — if the court is satisfied that A is making the disposition with the object on the part of A to produce the relevant consequence.

(2)

In a case where a maintenance order has been made and has not been discharged or rescinded, unless the contrary is proved, A is presumed to have made, or to be making, a disposition of property with the object on the part of A to produce the relevant consequence if the court is satisfied that —

(a)

in the case of a disposition mentioned in subsection (1)(a) — the disposition has had the relevant consequence; or

(b)

in the case of a disposition mentioned in subsection (1)(b) — the disposition would have (apart from this section) the relevant consequence.

(3)

The court must not make an order under subsection (1)(a) setting aside any disposition if the disposition was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any object on the part of A to produce the relevant consequence.

(4)

Where the court makes an order under subsection (1)(a), the court may give any consequential direction that it thinks fit for giving effect to the order, including any direction for the making of any payment or the disposal of any property.

(5)

In this section —

“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered;

“property” means property of any nature, movable or immovable, and includes money;

“relevant consequence” means —

(a)

the reduction of A’s means to pay maintenance; or

(b)

the deprivation of A’s wife, former wife, incapacitated husband, incapacitated former husband or child, of any rights in relation to property, whether or not the rights have accrued to A’s wife, former wife, incapacitated husband, incapacitated former husband or child (as the case may be) at the time that the application under subsection (1) is made.