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04 October 2007 / Byron James
Issue: 7291 / Categories: Features , Property
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Domestic damage

The victims of violent domestic abuse need reassurance that their property is protected by the law, says Byron James

The damaging of property can be a significant aspect of domestic abuse; it is, however, poorly dealt with under the current law.

The only section under the Family Law Act 1996 (FLA 1996), Pt IV that deals with property specifically is s 40. This provision, at first glance, would appear to open many doors to a potential applicant. It allows for:
- property to be kept safe, often referred to as a “preservation order” (s 40(1)(d));
- property to be transferred (s 40(1)(c)); and
- the discharge of rent (s 40(1)(a)(ii)).

UNENFORCEABILITY OF S 40

However, despite such lofty promises, this section is fundamentally flawed as there is no provision either in FLA 1996 or elsewhere to deal with enforcement. The Court of Appeal dealt with this specific point in Nwogbe v Nwogbe [2000] Fam Law 797, [2000] 3 FLR 345, where it was held at para 27 that “it is clear…s 40 orders are not enforceable”. While this particular

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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