Q&As

Where a judgment creditor wishes to enforce arrears of maintenance by way of an application for a charging order, is the permission of the court required to enforce arrears that are more than 12 months old in accordance with section 32 of the Matrimonial Causes Act 1973?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 01/10/2019

The following Family Q&A produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a judgment creditor wishes to enforce arrears of maintenance by way of an application for a charging order, is the permission of the court required to enforce arrears that are more than 12 months old in accordance with section 32 of the Matrimonial Causes Act 1973?

Where a judgment creditor wishes to enforce arrears of maintenance by way of an application for a charging order, is the permission of the court required to enforce arrears that are more than 12 months old in accordance with section 32 of the Matrimonial Causes Act 1973?

Under section 32(1) of the Matrimonial Causes Act 1973 (MCA 1973):

‘A person shall not be entitled to enforce through the High Court or the family court the payment of any arrears due under an order for maintenance pending suit, an interim order for maintenance or any financial provision order without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.’

On this basis, if there are arrears of maintenance that were due more than 12 months before the enforcement proceedings, the permission of the court will be required in order to enforce payment of the

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