Can the court make provision for a lump sum order to be paid and enforced prior to pronouncement of decree absolute? When is interest payable on a lump sum order?

Under section 23(1) of the Matrimonial Causes Act 1973 (MCA 1973), the court may make an order for such lump sum or sums as may be specified on the granting of a decree of divorce, a decree of nullity or a decree of judicial separation or at any time thereafter. As indicated, the order will not take effect until decree absolute has been granted. See Practice Note: General principles—lump sum orders, in particular the section on the ‘Court’s powers’.

In McMinn v McMinn, Black J (as she then was) noted (at para [46]):

‘[Counsel for the applicant] invites me to consider the purpose behind [MCA 1973, s 23(5)] which he says, probably correctly it seems to me, is to enable the court to resolve financial disputes prior to the ending of a marriage but to ensure that the spouses are not entitled to have the resulting orders enforced whilst they are still married.’

Consequently,