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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Recordings per month over the last 12 months — 1 in all, peaking in Jun 2026 with 1.

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

So yes, you can, and if you want the authority, there's I mean there's there's a number of them, but Lord Justice Moylan in a case called Austin and Haynes in twenty twenty one confirmed that was the case and cited older authority.

And of course, undertakings can be enforced, but they can also be enforced, and again, this is sometimes overlooked.

If the undertaking is to pay a sum of money, you can go straight to the enforcement.

You don't need to worry about bringing committal proceedings, and you may not want to, because ultimately what your client wants is the cash.

They're not so interested.

Well, usually they're not so interested in the person being sent to prison.

Well the the difficulty with an order such as that is if there's a conditional step, it's not that it's not capable of enforcement, it's about the practicality of

Basically this goes back to the drafting of the order.

You should try and avoid matters that are sort of conditional or incapable of definition.

Like if it's X agrees to pay whatever the party shall be agreed, that's an agreement to agree.

So you're going to struggle to enforce that because the other party says, Well, I don't agree.

So you can tweak the wording to make it more enforceable.

You know, shall pay all such extra matters, save such that are wholly unreasonable or something, and then it sort of shifts the burden.

But you should again it's all about the drafting to make it enforceable.

But if for example you'd listed them, shall pay for the karate club or extracurricular football, then yes, you can enforce it.

Well, first of all, uh something to to bear in mind is that once a property adjustment order is made, and again, assuming that you have the final order decree absolute, that that takes effect immediately in equity.

So even though the orders expressed to be, for example, husband shall transfer the property to the wife, the courts treat that as taking effect as long as it says forthwith, uh treat that as taking effect immediately.

So the beneficial interest is theirs.

And that can be very useful, particularly because often defaulting judgment creditors have been chased by other creditors.

And that means that if there were to be a bankruptcy or somebody else was rushing around looking for a charging order, another creditor, that you own it in equity already, and it no longer is something that can be enforced against the husband.

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