Skip to content
In forceAmended2020 Revised Edition

Part 6 · Rights and Duties of Husband and Wife

56. Summary procedure for deciding questions between husband and wife as to property

Feedback & support
Amended

Last amended by an amending law of 2022.

(1)

This section applies where there is a question between a husband and wife as to the title to or possession of any property.

(2)

Either party may apply to the court by summons or in any other summary way.

(3)

In an application under subsection (2), the court may —

(a)

make any order —

(i)

with respect to the property in dispute; and

(ii)

as to the costs of the application; or

(b)

direct —

(i)

the application to stand over; and

(ii)

an inquiry to be made into the disputed matters.

(4)

An application under subsection (2) —

(a)

may be heard in chambers if either party so requires; and

(b)

may be made at any time —

(i)

during the subsistence of the marriage; or

(ii)

within 3 years after the marriage is dissolved or annulled.

Report

Part 7

Protection Against Family Violence

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules