Enforcing an order for sale
Produced in partnership with David Salter, deputy High Court judge and Recorder
Enforcing an order for sale

The following Family practice note Produced in partnership with David Salter, deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Enforcing an order for sale
  • Powers of the court
  • Drafting the order
  • Practical considerations
  • Execution of documents
  • Procedure—execution of documents

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order for the sale of property provided that a lump sum, property adjustment or secured periodical payments order is also made. Such an order may be made in relation to a property in which either or both parties has an interest, either in possession or reversion.

The court has jurisdiction to vary an order for sale under MCA 1973, s 31.

The following standard orders in relation to orders for sale have been issued as part of the standard orders project initiated by the President of the Family Division:

  1. Order 4.2—order for sale under MCA 1973, s 24A

  2. Order 4.3—order for sale (supplemental order re mechanics of sale)

  3. Order 4.4—order for execution of a document

  4. Order 4.5—order for possession

The orders can be accessed via Practice Note: Standard orders—enforcement.

See also Practice Notes: Property adjustment orders—general principles and Property adjustment orders—procedural issues and drafting the order.

Powers of the court

At the same time as making an order for sale of property, the court may order that the proceeds of sale to be dealt with in a certain way, including provision requiring:

  1. the making of a payment out of the proceeds of sale to which the order relates

  2. any such property to be offered for

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