Section 184 — Family Proceedings Act 1980: Dispositions may be set aside

184 Dispositions may be set aside (1) Where the Court is satisfied that any disposition of any property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of a party to proceedings under this Act in order to defeat the claim or rights of any person under Part 6 of this Act or under the Child Support Act 1991 or in respect of costs, the Court may, on the application of that person, make an order under subsection (2) of this section. (2) In any case to which subsection (1) of this section applies, the Court may, subject to the provisions of subsection (4) of this section,— (a) Order that any person to whom the disposition was made and who received the property otherwise than in good faith and for valuable consideration, or that person's personal representative, shall transfer the property or any part thereof to such person as the Court directs; or (b) Order that any person to whom the disposition was made and who received the property otherwise than in good faith and for adequate consideration, or that person's personal representative, shall pay into Court, or to such person as the Court directs, a sum not exceeding the difference between the value of the consideration (if any) and the value of the property; or (c) Order that any person who has, otherwise than in good faith and for valuable consideration, received any interest in the property from the person to whom the disposition was so made, or that person's personal representative, or any person who received that interest from any such person otherwise than in good faith and for valuable consideration, shall transfer that interest to such person as the Court directs, or shall pay into Court or to such person as the Court directs a sum not exceeding the value of the interest. (3) For the purposes of giving effect to any order under subsection (2) of this section, the Court may make such further order as it thinks fit. (4) Relief (whether under this section, or in equity, or otherwise) in any case to which subsection (1) of this section applies shall be denied wholly or in part, if the person from whom relief is sought received the property or interest in good faith, and has so altered his position in reliance on having an indefeasible interest in the property or interest that in the opinion of the Court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be. (5) The Court may, on any application under this section, make such order as to costs as it thinks fit. Compare: 1963 No 71 s 81; 1976 No 166 s 56 Subsection (1) was amended, as from 1 July 1992, by section 26 Family Proceedings Amendment Act 1991 (1991 No 144) by inserting the words “ or under the Child Support Act 1991 ” .