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Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

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Post‑Brexit enforcement of family maintenance orders in non‑EU and non‑transitional EU cases: England and Wales routes under Hague 2007 and UK reciprocal enforcement statutes

Published by a LexisNexis Family expert
Practice notes
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At 11pm (GMT) on 31 December 2020, the Brexit transition/Implementation period that followed the UK’s exit from the EU came to a close. In UK law this is termed ‘IP completion day’, when the core interim arrangements ended and material changes took effect across the UK’s legal framework. This carries consequences for practitioners evaluating Enforcement matters. For additional guidance, refer to Practice Note: Family proceedings with EU connections—toolkit. See also Practice Note: Jurisdiction EU—Impact of Brexit.

The reciprocal arrangements in this Practice Note deal with the position as to:

  • enforcement outside the EU
  • enforcement in EU Member States after 31 December 2020 where transitional provisions 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

See also Practice Note: Enforcement with EU Member States. In every case, scrutinise the relevant statute/convention (and any associated statutory instrument) carefully, as adjustments to the general scheme may affect arrangements with particular countries, and countries are frequently added to or removed from those arrangements...

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David Salter
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 28/05/2026

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