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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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

And

I'll speak from my experience is that that that doesn't quite align with the practice that I I've seen and the approach of other judges, and nor do I think respectfully others in the field necessarily agree with that.

But let's just say fortunately it was Obiter in any event.

And lump sums as well as the interest arising on those fall within section thirty two of the MCA, meaning that

What they can be enforced.

Leave is technically required.

sorry, that's after twelve months and

we've probably seen again that they've been treated differently in practice to other issues such as arrears of maintenance, where we all know that those twelve months are a pretty hard bar.

And that was probably highlighted by Roberts Jay in Man and Man, when he commented that there were no reported cases where the enforcement of a lump sum was refused after one year had passed, compared to the many cases of maintenance arrears.

It's a simple debt that can be enforced against, as can the interest.

It's just about unpicking the nuances around how that's accrued and when the application can be made and potentially convincing some judges along the way as to how much of those arrears can also be enforced.

Although I think as as we've probably seen, what should happen in law and theory

compared to a practical consideration because as you say, Chris, whilst it might be a remedy that's just available there and we all see clients come to us going, Well hold on, I got my order, waving their piece of paper around and going, How how can they just not pay it?

And you or I then end up generally having to say

as soon as you start pursuing that remedy as you absolutely should, depending on the circumstances, will quite often be quickly followed with a variation application if they can.

And whilst that might be a little bit more rare in terms of lump sums because of the limited remit in which you can vary them,

It is something just to bear in mind whilst we're going off topic.

Of what can happen.

When you do seek to enforce, because if it is that the debtor is saying, Well, I'm not paying because of X, Y, and Z and there's been a change in circumstances

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