The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:
This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for each method of enforcement. It also provides guidance on orders that may be made where a party is in contempt, such as a Hadkinson order, and when interest may be payable in relation to a financial order.
It may be necessary to enforce part or all of an order made within financial proceedings. Regard should be had to requirements for leave and limitation periods, see Practice Note: Limitations on enforcement.
Caution should be exercised regarding the use of disclosure that results from a enforcement application in subsequent or contemporaneous proceedings (see Mohan v Mohan).
Consideration should be given to whether it is necessary or desirable to enforce the order in a court other than the court which made the order to be enforced, see Practice Notes: The Family Court—allocation and transfer of proceedings and Registration of a maintenance order made in the High Court in the Family Court.
The rules governing enforcement of orders within family proceedings are primarily contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, which imports the relevant provisions of the Civil Procedure Rules 1998, SI 1998/3132 (CPR), with modifications. FPR 2010, SI 2010/2955, Pt 37 and FPR 2010, PD
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