Matrimonial and Civil Partnership Charge

Matrimonial and Civil Partnership Charges

An application to register a Matrimonial Charge, arising under the Family Law (Miscellaneous Provisions) (NI) Order 1984 or the Family Homes and Domestic Violence (NI) Order 1998, may be made in accordance with Rule 92 by lodging:

(i) an application completed by the applicant (Precedent 8.F);
(ii) an official copy of the applicant’s marriage certificate; and
(iii) Production of the Land Certificate is not required.

PRECEDENT 8.F
APPLICATION BY A WIFE FOR THE REGISTRATION OF A MATRIMONIAL CHARGE WHERE HER HUSBAND IS REGISTERED OWNER OF THE LAND

LAND REGISTRY

Folio:
County:
Registered Owner: AB

I, CD of ...... make oath and say as follows

  1. I believe that I am entitled by virtue of Articles 5 and 6 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (hereinafter called the “1984 Order”) to the registration of a matrimonial charge in my favour affecting the land comprised in the above-mentioned folio to the extent of my rights of occupation under the 1984 Order in the dwelling house known as .......... which is situated on the land in the above-mentioned folio.
  2. I am the wife of AB of ...... the above-named Registered Owner and I refer to the marriage certificate accompanying this application.
  3. The said dwelling house is the matrimonial home.
  4. My husband is entitled to occupy the said dwelling house by virtue of a beneficial legal estate therein. The title to his estate is registered in the said folio.
  5. There is no subsisting registration of a matrimonial charge in my favour which affects any other dwelling house.
  6. I apply for the registration of a matrimonial charge as a burden affecting the land comprised in the above-mentioned folio to the extent of my rights of occupation in the said dwelling house.

Sworn etc. 

Notes:

  1. This precedent deals with the most common type of application. Form 43 in the Schedule to the Rules contains alternative statements which cover a number of situations.
  2. Since a Matrimonial Charge relates to a dwelling house, the application should relate only to the folio which comprises the dwelling house, and not to any other land owned by the spouse.