Nwogbe v Nwogbe

A provision in an occupation order requiring the respondent to pay the rent and outgoings cannot be enforced by committal, which exposed a gap in the Family Law Act 1996.

Citation
[2000] 2 FLR 744
Court
Court of Appeal (Civil Division)
Year
2000
Subject
Family Law
Topic
Domestic abuse and occupation orders

Facts

The court made an occupation order under the Family Law Act 1996 excluding the husband from the matrimonial home, and, under section 40 of the Act, ordered him to pay the rent and other outgoings on the property. He failed to pay, and the wife applied to have him committed to prison for contempt.

Legal principle

The Court of Appeal held that there was no power to enforce an order under section 40 by committal or by any other procedure, because the Act did not provide a means of enforcement, and the Debtors Act 1869 prevented imprisonment for a debt of this kind. The court said that this was a serious gap in the legislation, which meant that the power to order a respondent to pay the outgoings was of little practical use, and drew it to the attention of Parliament.

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