Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

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...

Enforcing Family Financial Orders in England and Wales: Procedures, Enforcement Methods, Costs, Interest and Hadkinson Orders

Published by a LexisNexis Family expert

Practice notes

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This Practice Note outlines the first matters to weigh up when seeking to enforce a Financial order made in family proceedings, setting out the governing rules for each available Enforcement route. It further offers direction on orders that can be sought where a party is in contempt, for example a Hadkinson order, and addresses when interest might accrue on a financial order.

General principles

You may need to enforce all or part of an order arising in financial proceedings; attention must be paid to any leave requirements and limitation periods, see Practice Note: Limitations on enforcement. If a court order partly comprises a recital recording an agreement that imposes an obligation on a party, and partly contains operative terms, the recital can be enforced if the court would have had power to make an order in equivalent terms (H v H (Financial Provision)). By contrast, where the essence of the obligation embodied in the recital is not something the court could have ordered, there is no route to enforce that agreement within the existing proceedings (N v N (Jurisdiction: Pre-nuptial Agreement)). However, it may still be open to commence an action based...

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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 21/05/2026

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