Kara Swift

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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

Just while we're looking at the procedural aspects, I think would be remiss not to touch on any pre action considerations.

particularly in light of the current focus of continued consideration of N C DR.

And obviously we've got the case of in twenty fourteen of Man and Man where Most and Jay adjourned what were specifically enforcement proceedings to allow for mediation.

It's yet to be seen whether the recent encouragement of N C D R is going to be applied to enforcement proceedings, but I think the current thinking is that it'll only really be if the issues are complex.

Well, interestingly we can also look at orders for sale a as a method of enforcement within themselves.

And I wonder if we touch on that first because I th I think there's all too

Often forgotten.

That Section 24A of the Matrimonial Causes Act allows for orders to be sailed to be made at any time.

And so that's not just at the time of the substantive financial remedy order, but as a standalone relief after that.

Although that's only really available for enforcing lump sum payments and property adjustment orders, and it's not available for enforcing maintenance arrears or or costs orders.

There's

Also the risk that there's nothing to prevent the debtor dealing with that asset once they're on notice of the applications and so

careful thought needs to be given to any ex parte applications that can simultaneously be made protect the applicant's interest, for example a a charging order.

But the bit that sort of ties the two aspects together of what can we do about a an order for sale is that once that order is made, it creates an immediate equitable charge in the property.

And according to to Moylan J and DW and CW and G C

By extension, that means that it takes priority to any subsequent charges or dealings.

So if you are faced with someone who's

dragging their heels with the order for sale.

or dealing with the property to try to get around it.

You at least have that element of protection.

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