Q&As

A husband has a charge over the wife’s property following matrimonial proceedings. He has missed several maintenance payments to the wife. What can she do? Is it possible to register a charge against the husband’s charge and if so what form should be used?

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Published on LexisPSL on 06/11/2017

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  • A husband has a charge over the wife’s property following matrimonial proceedings. He has missed several maintenance payments to the wife. What can she do? Is it possible to register a charge against the husband’s charge and if so what form should be used?

In so far as the husband has missed paying spousal maintenance to the wife, she should take enforcement action pursuant to Part 33 of the Family Procedure Rules 2010, SI 2010/2955 (SI 2010/2955, Pt 33). Under FPR 2010, SI 2010/2955, Pt 33.2, the wife may either specify the remedy sought or to leave it to the court’s discretion; for example, a judgment summons may be sought or an attachment against earnings.

It is not possible to register a charge against the husband’s charge which, one assumes, is secured against the wife’s own property. Naturally, if the husband had property of his own then the wife could reg

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