Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
In the current economic climate and the international age in which we work, family practitioners increasingly face the need to enforce (both within this jurisdiction and abroad) orders made in financial remedy proceedings. Lord Sumption acknowledged in Prest v Petrodel Resources  All ER (D) 90 (Jun) that ‘in an age of internationally mobile spouses and assets’ enforcement in countries ‘which may not give direct effect to the orders of the English Court…is a more significant problem than it once was…’.
Enforcement is a complex topic with the relevant law scattered between a multiplicity of legislation and case law. Below is the first part of a summary of tips and tricks that may make enforcement easier both in this jurisdiction and abroad.
It is vital to think about enforcement from the outset of a case, as it is likely to have a bearing on key early decisions, including:
Family lawyers will want to ensure that any order made in this jurisdiction is worth the paper it is written on ie there is a good prospect of recovery (without prohibitive costs).
A panoply of remedies is available to the enforcing party, as listed in this schedule. Which remedy or remedies are appropriate will depend on:
Consult the relevant legislation and case law when deciding which remedy to pursue and to ensure all legal and procedural requirements are met, as well as being alive to reciprocal enforcement treaties and regulations between this jurisdiction and other jurisdictions as these could have a significant impact on the prospects of recovery. For this reason (and issues of brevity), I have not set out the substantive law in this blog post.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234