Section 33 — Property (Relationships) Act 1976: Ancillary powers of Court

33 Ancillary powers of Court (1) The Court may make all such other orders and give such directions as may be necessary or expedient to give effect, or better effect, to any order made under any of the provisions of sections 25 to 32 of this Act. (2) The Court may, at any time it thinks fit, extend, vary, cancel, or discharge any order made under any of the provisions of sections 26 to 32 of this Act, and may vary any terms or conditions upon or subject to which any such order has been made. (3) In particular, but without limiting the generality of subsections (1) and (2) , the Court may make any 1 or more of the following orders: (a) an order for the sale of the relationship property or any part of the relationship property, and for the division, vesting, or settlement of the proceeds: (b) in the case of property owned by both spouses or partners jointly, an order vesting the property in both spouses or partners in common in such shares as the Court considers just: (c) an order vesting the relationship property, or any part of the relationship property, in either spouse or partner: (d) an order postponing the vesting of any share in the relationship property, or any part of such share, until a future date specified in the order or until the occurrence of a future event specified in the order: (e) an order for the partition or vesting of any property: (f) in the case of property owned by 1 spouse or partner, an order vesting the property in both spouses or partners jointly or in common in shares that the Court considers just: (g) in the case of property owned by both spouses or partners, jointly or in common, an order vesting the property in 1 of them: (h) an order for the cancellation of the settlement of a joint family home: (i) an order for the payment of a sum of money by 1 spouse or partner to the other: (j) an order for the transfer of land, or of any interest in land, including a lease, licence, or tenancy: (k) an order for the transfer of shares or stock, or of mortgages, charges, debentures, or other securities, or of the title or documents of title of any property: (l) an order for the transfer of rights or obligations under any instrument or contract, and an order of this kind has effect regardless of any provision or term of the instrument or contract: (m) an order varying the terms of any trust or settlement, other than a trust under a will or other testamentary disposition: (n) in the case of money or other property that is part of the separate property of 1 spouse or partner, an order requiring that spouse or partner to pay the money, or transfer the other property, to the other. (4) Where under any order made under this Act one spouse or partner is or may become liable to pay to the other a sum of money, the Court may direct that it shall be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions (including a condition requiring the payment of interest) as the Court thinks fit. (5) Where, pursuant to this Act, the Court makes an order for the sale of any relationship property and for the division, application, or settlement of the proceeds, the Court may appoint a person to sell the property and divide, apply, or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the property is vested. (6) Any order under this Act may, subject to the provisions of this Act, be made upon such terms and subject to such conditions (if any) as the Court thinks fit. (7) Where the Court, by any order under this Act, appoints a person (including a Registrar or other officer of the Court) to sell any property and to divide, apply, and settle the proceeds, the Court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his or her expenses. Subsection (3)(l) was amended, as from 1 January 1984, by section 9(1) Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145) by substituting the words “ transfer of ” for the words “ transfer or ” . Subsection (3) was substituted, as from 1 February 2002, by section 36(1) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (3) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” wherever they appear. Subsection (3) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Subsection (4) was amended, as from 1 February 2002, by section 36(2) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the word “ spouse ” , the words “ or de facto partner ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (4) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Subsection (5) was amended, as from, as from 1 February 2002, by section 36(3) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ relationship ” for the word “ matrimonial ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (7) was inserted, as from 1 January 1984, by section 9(2) Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145). Subsection (7) was amended, as from 1 February 2002, by section 36(4) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the word “ his ” , the words “ or her ” . See Part 9 of this Act as to the transitional and saving provisions.