Enforcement

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Practice notes
The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...
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19th May
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes
Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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19th May
Practice notes
Forced marriage protection ordersWhen sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16...
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19th May
Q&As
Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Enforcement content

Practice notes
Obtaining the address of the debtorOccasionally, a respondent (debtor) can apparently disappear causing difficulties with enforcement. If no...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
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...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Enforcement in non-EU countries and non-transitional EU cases11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
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...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
The 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family MaintenanceThe Hague Convention of 23 November...
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5th Jun
Practice notes
Periodical payments—means of payment orderA means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
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...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Orders to obtain information from judgment debtorsA problem for practitioners considering enforcement action can be a lack of information about the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Enforcement of undertakingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Enforcement of financial ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Restraining a party from leaving the jurisdictionWhere a party wishes to enforce an order, and the respondent intends to leave the jurisdiction of the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Enforcement with EU Member StatesThis Practice Note sets out the pre-IP completion day and transitional position in relation to proceedings in England...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Securities—charging orders, stop orders and stop noticesThe Family Procedure (Amendment) Rules 2016, SI 2016/355 made amendments to the Family...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Writ or warrant of controlCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Standard orders—committalThis Practice Note provides information about, and access to, committal standard orders issued by the President of the Family...
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5th Jun
Practice notes
Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...
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5th Jun
Practice notes
Enforcing children orders (private law)Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...
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5th Jun
Practice notes
Third party debt orderA 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...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Sequestration (confiscation of assets) within contempt proceedingsSequestration is a process for dealing with a contempt of court that would be...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun
Practice notes
Enforcement against a company or trustEnforcement against a companyA company is a legal entity distinct from its owner and controller. The same...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun

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