Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Charging order definition

What does Charging order mean? A charging order is a court order used to enforce a money judgment by securing the judgment debt against the debtor’s property so that the creditor is paid from sale proceeds or refinancing before unsecured creditors. In England and Wales, it is a statutory remedy (Charging Orders Act 1979; CPR Part 73). The court may grant an interim and then a final charging order creating an equitable charge over the debtor’s beneficial interest in land or in securities (for example, shares or units in a unit trust). To protect the security and establish priority against third parties,...

Charging orders to secure and enforce family financial orders: scope, procedure and sale (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note

This Practice Note explains the criteria for enforcing an order made in family proceedings via a charging order, as authorised by the Charging Orders Act 1979 (COA 1979). It covers:

Which debts may be enforced
Which assets may be made subject to a charge
Enforcement by sale

It also outlines the procedural steps to follow under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 40, together with FPR 2010, PD 40A.

A charging order is a direction that secures payment of a judgment debt by placing a charge over specified categories of the debtor’s capital assets. Its function is to provide security for the liability, rather than to execute it.

A creditor is the person to whom payment of a sum is owed under a judgment or order, or a person entitled to enforce that judgment or order; this includes a court officer empowered to take enforcement steps by virtue of FPR 2010, SI 2010/2955, 32.33. A debtor is the person against whom a judgment or other order requiring payment of a sum of money was given, made or ordered...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 27/05/2026

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