Q&As

Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the application made in Form D11? Can such an application be combined with other applications, for example, the enforcement of a financial order by an attachment of earnings order or in relation to the breach of a non-molestation order?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 02/10/2018

The following Family Q&A produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the application made in Form D11? Can such an application be combined with other applications, for example, the enforcement of a financial order by an attachment of earnings order or in relation to the breach of a non-molestation order?

Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the application made in Form D11? Can such an application be combined with other applications, for example, the enforcement of a financial order by an attachment of earnings order or in relation to the breach of a non-molestation order?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.24 gives the court power to order any party to deliver up possession of land, including any interest in land or any right over land, to any person following the making of an order for sale under section 24A of the Matrimonial Causes Act 1973. Given the inevitable interference with the occupier’s rights under the European Convention on Human Rights, it is likely to be an order of last resort, requiring clear evidence of frustration of the sale and in circumstances where no lesser order is likely to secure compliance with the order for sale.

No

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