https://www.slab.org.uk/guidance/matrimonial-property-disputes/
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Your client’s statement should provide details of:
Supporting information should include:
In actions involving spouses or civil partners the court may refuse to grant an order for division and sale or postpone an order for as long as it considers reasonable. These provisions cannot be invoked after the dissolution of the marriage or civil partnership.
In such cases the information provided must show the marriage or civil partnership is still in existence and provide details of:
To establish probable cause there must be evidence that your client is either:
You need to show that such an order is necessary to protect your client or a child of the family from the opponent’s conduct which is or would be injurious to physical or mental health.
We will take into account:
Your client’s statement must:
Supporting evidence can include:
If enough evidence has been provided for an exclusion order, your client does not need to give any further information where the following additional remedies are requested:
To satisfy us on probable cause we expect your client to:
Where your client denies particularly serious conduct or threatened or reasonably apprehended conduct and/or has no alternative accommodation, the test of reasonableness may readily be satisfied.
Your client’s statement should:
You should produce supporting evidence, such as a statement by a third party. If it is not available, explain why not. You should produce a copy of the initial writ or counterclaim seeking the exclusion order.
If you produce sufficient evidence, to defend the exclusion order sought you do not need to provide further information on other ancillary orders, such as:
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