Christopher Stirling

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311 appearances 1 recordings 1 series first heard Jun 2026 last heard 29 Jun

Christopher Stirling’s voice in public audio — every appearance, attributed to the second.

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Talking Family Law - The Resolution Podcast · Enforcement of financial remedy orders · 29 Jun 2026 podcast

The other thing which I think is sometimes overlooked is that once you've got that final order,

In order to enforce it, in large part, you'd need either decree absolute or final order of divorce.

But until you've got that.

The order is almost not worth the paper it's written on.

It it it can't be enforced.

There are certain parts of an order that can be enforced, periodical payments and cost orders, because they're not actually arising out of the Matrimonial Causes Act.

But in order to enforce a property adjustment order or a lump sum order, you need to get on with a final order, and also pension sharing, of course, you need to get on with getting uh decree obsolute or final order.

You may also want to think about taking protective steps at the land registry if you've got some form of proprietary remedy.

And that includes, which is sometimes overlooked, a default order for sale.

And we'll talk about that as we go on.

But you can, if there's a provision for you to be paid, I don't know, £100,000, and in default, 23 railway cuttings is to be sold in six months' time.

That sum is not paid.

You can actually go to the land registry and register a unilateral notice against 23 railway cuttings.

And that gives you added protection in respect of that default order for sale.

So, yes, you should be thinking about enforcement not after it's got wrong, but really right from the outset and right when you're thinking about presenting the case, and certainly when you're looking at drafting the final order.

Yeah, absolutely.

In terms of can you enforce them, I will echo can we do it in the words of Bob the Builder, yes we can.

Essentially, if an order includes words in the recital that somebody, for example, is to pay the sum of money, something that could be in the body of the order.

then that can be enforced directly as a third party debt order or a charging order or whatever without need to bring a fresh action.

You don't need to bring a contract claim based upon the breach of the undertaking.

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