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

And I and I think from experience, Chris, jump in if you want it's that enforcing orders for sale is is a lot actually about sort of the practicalities of what a judge will assist you in doing.

Quite commonly your orders uh are drafted so that there is joint conduct for sale and it's about varying that so that you then have sole conduct.

You even go so far as to obtain possession and the person that you know leaves the dirty socks out every time the the estate agent comes round to view it.

effectively ends up having to be removed.

It's an extremely long process.

and requires quite a bit of of thinking about what what needs to happen on the ground.

And again you can come back to what Chris was just saying earlier, about signing of necessary documents as well, if that sole conduct i is going to create problems or be insufficient in any way.

Well quite.

I think finding the money i is one thing, but reading reading on the face of it, you are right, they should be more straightforward.

A lump sum i is a simple debt.

It doesn't mean it takes priority over any other debts, but the fact that it's been ordered does make it easier to enforce.

The exception being, as I think we just touched on, really, is 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.

There is also the issue of the interest that accrues on any unpaid sum, and there is, of course, as you're just saying, as everyone knows, the interest provisions in the

standard financial remedy order.

Which I'm sure everyone follows.

But there would appear to also be the statutory automatic interest at the judgment rate currently eight percent.

And that runs either from the date of judgment or later date as provided in the order.

However, and we'll pause, there is the decision of Most and J in T W and T M

which appears to suggest that the automatic provision, although in the rules, doesn't extend to the family court absent clear words in the order.

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