Consent Order Recitals – Are they enforceable in the same way as an Order? In a recent case, BSA v NVT [2020] EWHC 2906 (Fam) the enforceability of Consent Order recitals was one of a number of issues the Court had to address. In this post, we summarise the key...Read MoreTags: recitals, recital, schedule one, schedule 1, consent order, enforcement
Financial and Enforcement Orders : Sir James Munby ‘strongly encourages’ use of standard forms On 30 November 2017 the President of the Family Division, Sir James Munby, issued the following Practice Guidance: “Inordinate amounts of time and money are spent –...Read MoreTags: enforcement, financial, practice guidance
Maintenance Enforcement – Advance to Go We all know that, “You can’t cross the sea merely by standing and staring at the water”. But what if you want to make a direct move, as it is possible in Monopoly, and the water is not muddy at all, as some let you...Read MoreTags: enforcement, maintenance, international
Catch Me If You Can It was Christian Slater who said, “Good judgement comes from experience. Sometimes, experience comes from bad judgement”. But what if your experience is that your Ex does not want to pay? What if your Ex still lives the “champagne lifestyle” and...Read MoreTags: enforcement, judgment summons, judgement summons, financial remedy, financial proceedings, financial
It’s Payback Time It sounds like a perfectly reasonable idea, taking money from criminal’s ill-gotten gains, recovering their proceeds of crime. Under the Proceeds of Crime Act 2002 (POCA) provisions were enacted to make this possible. Criminal Funds Under POCA,...Read MoreTags: proceeds of crime, POCA, matrimonial home, s.25 matrimonial causes act, conduct, enforcement, family law, divorce
