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Legal Terms - Avoidance of the disposition order
A judgment issued by the High Court prohibiting or vacating a transaction executed by a spouse with the intent to thwart the other spouse's financial provision claim. It is presumed that a transaction, including a gift, executed within a three-year period prior to the application was done with the intention of undermining the spouse's claim if its consequence would be to vanquish her claim. However, a good faith transfer of property to a purchaser will not be void.
A judgment issued by the High Court prohibiting or vacating a transaction executed by a spouse with the intent to thwart the other spouse's financial provision claim. It is presumed that a transaction, including a gift, executed within a three-year period prior to the application was done with the intention of undermining the spouse's claim if its consequence would be to vanquish her claim. However, a good faith transfer of property to a purchaser will not be void.
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