The Judicial Separation And Family Law Reform Act, 1989
The Sections of this Act which appear to affect the Conveyancer are contained in Sections 15, 16, 17, 18, 19, 20, 22, and especially 29.
By virtue of Section 29 of the above Act which came into operation on 19th October last, the Court may review any transaction effected by a spouse with the intent of decreasing the amount of assets available to the other spouse on an Application under the Act. Under this provision a Conveyance or Transfer of property could be set aside. The Act provides, however, that no such Order would be made in respect of a disposition to a bona fide purchaser for Valuable Consideration without Notice. It is well established that to be a bona fide purchaser without Notice enquiries should be made. The Conveyancing Committee are presently considering the extent of enquiries required and it is hoped to issue detailed recommendations at an early date. As an interim measure it is recommended that the following additional requisitions be raised on all purchases.
"Have any orders been made (or are any proceedings threatened or pending) under the Judicial Separation and Family Law Reform Act 1989 affecting the property for sale or does this sale constitute a disposal for the purposes of defeating a claim for financial relief under section 29 of the Act".
The Standard Form of Family Home Protection Act Declaration or Certificate should contain an averment in the following words "The property is not subject to any application or order under the Judicial Separation and Family Law Reform Act, 1989 and is not a disposal for the purposes of defeating a claim for financial relief under S.29 of the Act".