Property Adjustment Order LR – Legal Office Notice No. 2 of 2009
Section 9(4) of the Family Law Act 1995 and section 14(4) of the Family Law (Divorce) Act 1996 provide for the registration of property adjustment orders as burdens pursuant to section 69 of the Registration of Title Act 1964.
Sections 74 and 75 of the Civil Law (Miscellaneous Provisions) Act 2008 [the 2008 Act] insert new subsections in sections 9 and 14 above which provide that the Property Registration Authority on being satisfied that a property adjustment order has been complied with or discharged shall cancel the entry made in the register.
The Authority shall cancel the entry on lodgement of any one of the following proofs;
- Where the property is transferred on foot of the Property Adjustment Order: Application to be made by Solicitor’s certificate in LR Form 59A of the appendix hereto or by the beneficiary in LR Form 59B
- Where the consents of the affected parties are furnished confirming that the terms of the order have been satisfied. Application to be made in LR Form 59C of the appendix. The form may be embodied in a Deed of Transfer.
- Production of Certificate from the Court Registrar confirming that the terms of the property adjustment order has been complied with in so far as the property is concerned. The relevant folio number, county and entry number should be specified in the Certificate.
The 2008 Act also inserts new subsections (8) to section 18 of the Family Law Act 1995 and section 22 of the Family Law (Divorce) Act 1996 which provide that where a property adjustment order which has been registered is varied, discharged, suspended or revived by a subsequent order and the subsequent order is duly lodged for registration, the Property Registration Authority shall amend or cancel the entry made in the register. Such orders must specify the relevant folio number, county and entry number and set out clearly the amendment or cancellation to be effected. Any amendments are to be effected by the cancellation of the original burden and the registration of the subsequent order in the terms of the order furnished.
In case of doubt or difficulty the application is not to be rejected but is to be referred to the Deputy Registrar for direction.
27 January 2009
Updated 26 May 2014