Enforcing an order for sale


Produced in partnership with David Salter
Practice notes

Enforcing an order for sale


Produced in partnership with David Salter

Practice notes
imgtext

This Practice Note explains when the court can make an order for the sale of property in proceedings under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil partnership Act 2004 (CPA 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.

By virtue of MCA 1973, s 24A (and the Civil Partnership Act 2004 equivalent), the court can make an order for the sale of property (real property or personal property, eg a car (Joy v Joy-Morancho (No 2))) provided that a legal services payment order, a lump sum, property adjustment or Secured periodical payments order is also made. The order for sale may be made at the same time as the order to which it is an adjunct or at any time thereafter. Such an order may be made in relation to a property in which either

David Salter
David Salter

Solicitor (non-practising)

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 prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Civil partnership definition
What does Civil partnership mean?

The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.

Read more readmore

Popular documents

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is enforceable. An order may not be enforced under 37.4 of the Family Procedure Rules (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, 37.4) unless

Implications of the death of a party in financial proceedings

Implications of the death of a party in financial proceedingsThis Practice Note provides guidance on the implementation and enforcement of financial orders made in family proceedings where one of the parties has died. It considers the effect of the death of a party on applications and secured and

Judgment summons

Judgment summonsThis Practice Note sets out the requirements and procedure in relation to the use of a judgment summons as a method of enforcing an order made in family proceedings, including human rights considerations. Where a debtor has the means to pay the debt and refuses or neglects to do so,

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that provides for a party to it to be granted possession of land or buildings, for example under a property adjustment order or an occupation order. When