Methods of enforcement

Q&As

Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure pursuant to Part 20 of the Family Procedure Rules 2010?

Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure...

1st 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 1st Aug

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...

1st 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...

1st Aug

Q&As

In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment creditor formally required to attend the hearing in person?

In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made via the Child Maintenance Service against the recipient parent?

What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

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...

31st Jul

Q&As

Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?

Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Practice notes

Sequestration to enforce a financial order

Sequestration to enforce a financial orderSequestration is a process whereby a creditor applies to the court for sequestrators to take possession of...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Practice notes

Receivership

ReceivershipThe 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...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Q&As

Where a party has failed to make payments in accordance with a periodical payments order, can an application for a third party debt order include not only the arrears that have accrued to date but also future payments due under the periodical payments order?

Where a party has failed to make payments in accordance with a periodical payments order, can an application for a third party debt order include not...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Periodical payments—means of payment order

Periodical payments—means of payment orderA means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Q&As

How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be varied?

How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Q&As

A suspended committal order was made on a judgment summons application and the judgment debtor has now defaulted under the terms of the order. Other than the judgment creditor filing a statement of default (per Family Procedure Rules 2010, SI 2010/2955, 33.16(4)(b)) what other steps must be taken to apply for the committal of the judgment debtor?

A suspended committal order was made on a judgment summons application and the judgment debtor has now defaulted under the terms of the order. Other...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Judgment summons

Judgment summonsA 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...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Practice notes

Charging orders

Charging ordersA charging order is an order enabling the payment of a judgment debt to be secured by imposing a charge against certain types of the...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

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...

31st Jul

Practice notes

Standard orders—committal

Standard orders—committalThis Practice Note provides information about, and access to, committal standard orders issued by the President of the Family...

31st Jul

Q&As

If a respondent to application for attachment of earnings in respect of a spousal maintenance order makes an application to vary the original order, will the attachment of earnings application be adjourned?

If a respondent to application for attachment of earnings in respect of a spousal maintenance order makes an application to vary the original order,...

31st Jul

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