Kara Swift
speaker
187 appearances
1 recordings
1 series
first heard Jun 2026
last heard 29 Jun
Kara Swift’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
where the lump sum is expressed from the proceeds of sale of a specific property, in which case where you've got that order for sale, it's secured instantly by way of an equitable charge.
Hi, thank you so much.
Chris and I hope to bring a bit of life towards uh a bit of a technical area, but very important.
I'm a senior associate at Family Law and Partnership, a specialist firm in London that have a unique approach to family law and
Although I advise on all aspects of family law, I've increasingly seen issues of enforcement over the last ten years.
And Chris and I have had most recently a pretty tricky case, I think we'd say, when the majority of assets are abroad.
And so I think that that's really brought to the fore some tips that we can hopefully share with you today.
And I think that's where we are quite lucky, if I do say, is that the approach to enforcement in the family courts is unique.
An applicant doesn't necessarily have to select one specific method.
It's possible to apply for enforcement by many methods all at the same time.
are the really helpful general form D fifty K application, which is by such method as the court may consider appropriate.
That allows the applicant to effectively keep their powder dry.
Either because they don't want to encourage the other person to take specific steps of diversion, or they don't have sufficient up to date information to inform their decisions.
The substantive enforcement proceedings will obviously mandate disclosure in form E one.
But the hybrid procedure also allows for oral examination, with the debtor being cross-examined if necessary at that hearing.
And so that's where it's quite special in that way.
And the methods of of enforcement that we'll go through hopefully a little bit more, some of those are going to be the attachment of earnings orders, third party debt orders, we have the charging order, warrants of control, and the appointment of a receiver.
But
Notably that doesn't include committal, which requires a separate application and and probably a whole nother podcast.
So I we won't touch on that too much today but
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