Deputy High Court judge and Recorder

This Practice Note sets out the requirements to enforce an order made in family proceedings by way of a charging order as provided for by the Charging Orders Act 1979. It includes details of debts that can be enforced, assets that can be charged and enforcement by sale. It also sets out the procedure to be adopted in accordance with Part 40 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 40A.

This Practice Note examines the development of the role of choice of court agreements in the family jurisdiction in England and Wales and the impact of Brexit upon this type of agreement. It looks at choice of court agreements in the broader context of jurisdiction both prior to and following Brexit, where it may be possible to choose a jurisdiction or seek to transfer proceedings.

This Practice Note looks at the treatment of cryptoassets such as Bitcoin in family law proceedings, as well as how cryptocurrencies work and their legal and tax status. The approach to cryptoassets within family proceedings is also considered, including as to tracing and disclosure, valuation, expert evidence and preservation and enforcement.

This Practice Note deals with the determination, and different types, of domicile, including domicile of origin, choice, and dependence, in the context of family proceedings, and provides guidance on how the court will determine domicile and its impact on proceedings. It further details the determination of habitual residence, including that of a child, and relevant case law. The implications of Brexit, including transitional provisions, are also considered.

This Practice Note sets out specific considerations where an order made in family proceedings is enforced against a company or trust, commonly known as ‘piercing the corporate veil’, including in cases involving a foreign jurisdiction. It also considers when it may be appropriate to add a trustee, beneficiary or company director as a party to the proceedings.

This Practice Note provides practical guidance on international and reciprocal arrangements in financial proceedings in countries outside the EU, including countries that are signatories to the Hague Convention 2007, Commonwealth countries and the United States of America. It also addresses the position post-Brexit as to enforcement in EU Member States after 31 December 2020 where transitional arrangements provided for by the Jurisdiction and Judgment (Family) (Amendment etc) (EU Exit) Regulations 2019, SI 2019/519, reg 8(2) (as amended) do not apply.

This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for each method of enforcement under both the Family Procedure Rules 2010 (FPR 2010) and the Civil Procedure Rules 1998 (CPR 1998). It also provides guidance on orders that may be made where a party is in contempt, such as a Hadkinson order, and when interest may be payable in relation to a financial order.

This Practice Note provides guidance on the enforcement of an undertaking either for the payment of money, or to do or abstain from doing any act other than the payment of money. It also considers the requirements in contempt proceedings as to the breach of an undertaking.

This Practice Note sets out the pre-IP completion day and transitional position in relation to proceedings in England and Wales and EU enforcement, including the definition of maintenance for the purposes of international enforcement in an EU Member State together with the applicable procedure (inward and outward), details of the role of Central Authorities and the relevant statutory provisions, having regard to the implications of Brexit. It also includes practical guidance on the Maintenance Enforcement Business Centre.

This Practice Note explains when the court can make an order for the sale of property in proceedings under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004 and practical considerations when seeking a sale. It also sets out the limited routes by which an interim order for sale may be sought and the steps to be taken where one party fails to execute a conveyance together with the procedure to be followed.