On granting a decree of divorce, a decree of nullity of marriage, or a decree of judicial separation or at any time thereafter (whether, in case of a decree of divorce or of nullity of marriage, before or after the decree is made absolute), the court may make any one or more of the following orders;
- An order that a party to the marriage shall transfer to the other party, to any child of the family or to such person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned party is entitled, either in possession or reversion,
- An order that a settlement of such property as may be so specified, being property to which a party to the marriage is so entitled, be made to the satisfaction of the court for the benefit of the other party to the marriage and of the children of the family or either or any of them.
- An order varying for the benefit of the parties to the marriage and of the children of the family or either or any of them any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the parties to the marriage.
- An order extinguishing or reducing the interest of either of the parties to the marriage under any such settlement.
The subject however in the case of an order as per paragraph (a) above to the restrictions imposed by section 29(1) and (3) of the Matrimonial Causes Act on the making of orders for a transfer of property in favor of children who have attained the age of 18.
The court may make an order as per paragraph c above notwithstanding that there are no children of the family.
Without prejudice to the power of the court to give a direction under section 30 of the Matrimonial Causes Act 1973 as regards the settlement of an instrument by conveyancing counsel, where an order is made under this section on or after granting a decree of divorce or nullity of marriage, neither the order nor any settlement made in pursuance of the order shall take effect unless the decree has been made absolute.