Enforcement

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Enforcement guidance:

An attachment of earnings order (AEO) is a means of enforcing maintenance obligations under a court order made in the Family Court or the High Court, whether or not...

Practice Note

A charging order is an order enabling the payment of a judgment debt to be secured by imposing a charge against certain types of the debtor’s capital assets. The effect...

Practice Note

Enforcement against a company A company is a legal entity distinct from its owner and controller. The same principle applies to trust assets owned by the trustee on...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering which courts have...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering which courts have...

Practice Note

This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for...

Practice Note

Undertakings and agreements Undertakings and agreements between parties in financial proceedings are recorded in the preamble to the order where the court lacks the...

Practice Note

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order for the sale of...

Practice Note

Search and recovery Where a person is required by an order under section 8 of the Children Act 1989 (ChA 1989) to give up a child to another person and the court that...

Practice Note

A claim for a financial order is personal to the parties to the marriage and does not survive death. If either party dies before the application under the Matrimonial...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering which courts have...

Practice Note

A judgment summons is a summons made pursuant to the Debtors Act 1869 (DA 1869). It requires a debtor to appear in court. As long as the debtor has, or has had, the means...

Practice Note

Time limits The rules of limitation that prevent a fresh action being taken on a judgment once six years have elapsed since it became enforceable do not affect the right...

Practice Note

Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in respect of which an...

Practice Note

Occasionally, a respondent (debtor) can apparently disappear causing difficulties with enforcement. If no information of use is known and there is no forwarding address,...

Practice Note

A problem for practitioners considering enforcement action can be a lack of information about the extent of a respondent's (the debtor's) assets or income. One option is...

Practice Note

A means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance order' to make payments by a particular method or an order that an...

Practice Note

The High Court has a general power to appoint a receiver by virtue of section 37 of the Senior Courts Act 1981 (SCA 1981). SCA 1981, s 37(6) provides for the provisions...

Practice Note

Note that the single Family Court replaced the previous three tiers of court structure (family proceedings court, County Court, High Court), save that the High Court...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering which courts have...

Practice Note

The Family Procedure (Amendment) Rules 2016, SI 2016/355 made amendments to the Family Procedure Rules 2010, SI 2010/2955, that, inter alia, introduced Part 40 and PD 40A...

Practice Note

This Practice Note provides information about, and access to, committal standard orders issued by the President of the Family Division, Sir James Munby, on 30 November...

Practice Note

This Practice Note provides information about, and access to, enforcement standard orders issued by the President of the Family Division, Sir James Munby, on 30 November...

Practice Note

The impact that bankruptcy and divorce proceedings have on one another has been subject to several cases in both the bankruptcy and family courts. Unfortunately, it is...

Practice Note

A third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a third party who is within the...

Practice Note

A writ of sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal: the assets of the respondent may be seized...

Practice Note