Family Law Act, 1995

Restriction of jurisdiction of court to make relief orders.

28.—(1) Where the jurisdiction of the court to make a relief order is conferred by virtue only of section 27 (1) (c), the court may make any of the following relief orders, but no others:

(a) a lump sum order,

(b) a property adjustment order providing for one or more of the matters specified in paragraphs (b), (c) and (d) of section 9 (1),

(c) an order under section 14 ,

(d) an order under section 25 ,

(e) an order directing the sale of the interest of either of the spouses concerned in the family home concerned.

(2) Where, in the circumstances referred to in subsection (1), the court makes one or more lump sum orders, the amount or aggregate amount of the sum or sums to which the order or orders relate shall not exceed—

(a) in case the interest of the spouse liable to make the payment or payments under the order or orders in the family home concerned is sold whether in pursuance of an order of the court or otherwise, the amount of the proceeds of the sale after deduction therefrom of the costs thereof, or

(b) in any other case, such amount as, in the opinion of the court, represents the value of that interest.

(3) The reference in subsection (1) (e) to the interest of either of the spouses concerned shall, in relation to a case where the interest of a spouse in the family home concerned is held under a joint tenancy or a tenancy in common with another person or other persons, be construed as including a reference to the interest of the other person or persons in the home.