General principles

General principles

When drafting or negotiating the terms of an order, it is good practice to consider the potential enforcement of that order and ensure that it sets out exactly what has to be done, any dates by which that action is required and that any undertakings are clear. The terms and consequences of a breach of an undertaking must be explained to the parties.

The rules governing the enforcement of orders within family proceedings are primarily contained in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, which imports relevant provisions of the Civil Procedure Rules 1998, SI 1998/3132, with modifications. FPR 2010, SI 2010/2955, Pt 37, together with FPR 2010, PD 37A, apply regarding applications and proceedings in relation to contempt of court. FPR 2010, SI 2010/2955, Pts 39 and 40, together with FPR 2010, PD 40A, apply in relation to attachment of earnings orders, charging orders, stop orders and stop notices.

Regard should also be had to requirements for leave and limitation periods, see Practice Note: Limitations on enforcement.

Enforcing financial orders

FPR 2010 introduced an ability to apply to