Family Law Act Lacuna

Nwogbe v Nwogbe (TLR 11 July CA)

Although the court may order a party to make payments in respect of rent and other outgoings on a property under s40 of the Family Law Act 1996 when making an occupation order, there is no power to enforce that order: it came neither within the exceptions to s4 of the Debtors Act 1869, nor within s8 to the Administration of Justice Act 1970 and therefore there was no power to commit a defaulter to prison. While it was disturbing that those money orders might be unenforceable, unless and until Parliament acted to amend the relevant legislation, Family Division judges would need to use an alternative power. There seemed to be a lacuna of real significance in the legislation which required urgent alteration.