Enforcing English Orders – Overview

The Family Court of England & Wales has the power to make a financial order in respect of international assets held outside of the jurisdiction. Whilst this maximises parties’ financial claims within UK financial remedy proceedings by adopting a broad approach it can give rise to difficulties later down the line in successfully enforcing such orders and fully implementing the settlement reached. When considering the enforcement of an English order overseas the starting point is to consider:

1. The jurisdiction within which the asset is held together with the location of the debtor; and
   
2. What if any reciprocal enforcement arrangements are available within that location.
   

Location of the asset/debtor

The mere fact that an order has been made in the English Court does not guarantee that it will be enforced by the country within which the asset is held or the debtor located. The UK has several worldwide reciprocal arrangements in place (as detailed below) however there are still leading and influential areas of the world with whom the UK does not have the benefit of such arrangement to include Russia and...

Read the full article here.