General principles

Practice notes

Enforcement of financial orders

Enforcement of financial ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 7th Sep

Q&As

Can arrears of maintenance under a periodical payments order made in the Family Court be enforced using the ‘Money Claim Online’ process rather than via the Family Court in which the order was made?

Can arrears of maintenance under a periodical payments order made in the Family Court be enforced using the ‘Money Claim Online’ process rather than...

18th Aug

Q&As

Should an application for enforcement be made in Form D50K (Notice of application for enforcement by such method as the court may consider appropriate) even where the assets of the debtor are known?

Should an application for enforcement be made in Form D50K (Notice of application for enforcement by such method as the court may consider...

18th Aug

Q&As

Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the application made in Form D11? Can such an application be combined with other applications, for example, the enforcement of a financial order by an attachment of earnings order or in relation to the breach of a non-molestation order?

Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the...

Produced in partnership with Nicholas Starks of St Ives Chambers 18th Aug

Q&As

What form should be used when making an application to enforce an undertaking in a financial order to pay a mortgage?

What form should be used when making an application to enforce an undertaking in a financial order to pay a mortgage?An undertaking with a penal...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

What is the difference between an application for a means of payment order and an application for ‘such a method of enforcement as the court considers appropriate'? In what circumstances would you apply for each?

What is the difference between an application for a means of payment order and an application for ‘such a method of enforcement as the court considers...

18th Aug

Q&As

Where a party has not complied with the terms of a financial order, and intends to make an application to set aside that order on the basis of an inheritance received by the other party, will the set-aside application and any enforcement as to the non-compliance be dealt with at the same time or will the party who seeks to enforce the order need to make a separate application for enforcement?

Where a party has not complied with the terms of a financial order, and intends to make an application to set aside that order on the basis of an...

18th Aug

Q&As

Does an undertaking in a consent order bind the estate of the party giving it if they die?

Does an undertaking in a consent order bind the estate of the party giving it if they die?This response considers the question of undertakings within...

Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug

Q&As

Where a party to financial remedy proceedings fails to comply with a directions order, is it more appropriate to make an application for a penal notice to be applied to the order or to ask the court to impose other sanctions? What other sanctions can the court impose?

Where a party to financial remedy proceedings fails to comply with a directions order, is it more appropriate to make an application for a penal...

Produced in partnership with Nicholas Starks of St Ives Chambers 18th Aug

Q&As

Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to enforce arrears of maintenance such as third party debt order?

Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to...

18th Aug

Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

When preparing a bundle for a directions hearing in respect of an application to enforce a child arrangements order, is it necessary to include all the documents from the most recent set of proceedings, including witness statements and any reports under section 7 of the Children Act 1989?

When preparing a bundle for a directions hearing in respect of an application to enforce a child arrangements order, is it necessary to include all...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

What recourse is available where a party fails to sign a transfer of a property into another’s name pursuant to a consent order under the Trusts of Land and Appointment of Trustees Act 1996? Can an authorised person sign the transfer? If so pursuant to what power and what is the procedure?

What recourse is available where a party fails to sign a transfer of a property into another’s name pursuant to a consent order under the Trusts of...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 18th Aug

Practice notes

Enforcement of undertakings

Enforcement of undertakingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

Practice notes

Implications of the death of a party in financial proceedings

Implications of the death of a party in financial proceedingsA claim for a financial order is personal to the parties to the marriage and does not...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

Practice notes

Registration of a maintenance order made in the High Court in the Family Court

Registration of a maintenance order made in the High Court in the Family CourtNote that the single Family Court replaced the previous three tiers of...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

Practice notes

Enforcement against a company or trust

Enforcement against a company or trustEnforcement against a companyA company is a legal entity distinct from its owner and controller. The same...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

Practice notes

Standard orders—enforcement

Standard orders—enforcementThis Practice Note provides information about, and access to, enforcement standard orders issued by the President of the...

18th Aug

Practice notes

Enforcing children orders (private law)

Enforcing children orders (private law)Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...

18th Aug

Practice notes

Limitations on enforcement

Limitations on enforcementTime limitsThe rules of limitation that prevent a fresh action being taken on a judgment once six years have elapsed since...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

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