Direction for settlement of instrument - MCA 1973 s. 30
MCA 1973 s. 30: court may refer to conveyancing counsel to settle an instrument; may defer divorce/nullity/judicial separation order until execution.
Where the court decides to make a financial provision order requiring any payments to be secured or a property adjustment order— it may direct that the matter be referred to one of the conveyancing counsel of the court for him to settle a proper instrument to be executed by all necessary parties; and where the order is to be made in proceedings for divorce, nullity of marriage or judicial separation it may, if it thinks fit, defer the making of the divorce, nullity of marriage or judicial separation order until the instrument has been duly executed.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a court decides to make a financial provision order that requires payments to be secured (for example, by a charge on property or a trust) or a property adjustment order (such as transferring a house), it can refer the matter to one of the conveyancing counsel of the court. These are specialist lawyers who draft the legal document (called an instrument) that the parties must sign to put the order into effect.
If the order is made during divorce, nullity of marriage, or judicial separation proceedings, the court can postpone making the final divorce, nullity, or separation order until the instrument has been properly signed and completed. This ensures the financial arrangement is legally in place before the marriage ends.
When it applies
- A divorcing couple agree that one spouse will pay the other a lump sum secured by a charge on the family home; the court refers the drafting of the charge to conveyancing counsel.
- In a divorce, the court orders transfer of a property but needs a proper deed of transfer; the matter is referred to counsel to settle the deed.
- During nullity proceedings, the court orders maintenance to be secured by a trust; the instrument is settled by counsel and the nullity order is deferred until execution.
- A judicial separation case where the court orders a property adjustment and delays the separation order until the instrument is executed.
- A financial provision order requiring periodic payments to be secured by an insurance policy; the court refers to counsel to settle the policy document.
What this section does not say
- It does not decide the amount of financial provision or property adjustment – those are decided under other sections such as s. 25a.
- It does not apply if the court decides not to make any secured payment or property adjustment order – then no referral can be made.
- It is not about varying an existing order after it has been made – variation is covered by s. 31.
- It does not govern the content of the underlying financial provision or property adjustment order itself, only the instrument that implements it.
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This page reproduces the text of MCA 1973 s. 30 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.