F v EE (Enforcement under Sch 1 CA : s423 Insolvency Act 1986)

Facts

The applicant former wife and the respondent former husband married in July 2006 and separated in August 2021; they have three daughters, aged 18, 17 and 15, who live with her. Divorce and financial remedy proceedings concluded with an order of 3 January 2023, after which the former husband left England for Country B, a Middle Eastern state with no reciprocal family law arrangements with the UK, and paid nothing for the children from January 2023. In October 2023 the former wife applied under Schedule 1 to the Children Act for capitalised child maintenance. At the final hearing on 2 April 2025 she sought about £200,000; judgment was reserved and, the former husband having urged a September listing, was delayed. In the meantime he put both his remaining English properties on the market, sold K Close, and on 11 July 2025 executed a deed of trust giving the entire beneficial interest in W Road to his sister. On 15 July 2025 the court ordered him to pay £134,770.89 plus £14,400 costs and made an interim charging order; the final charging order followed on 15 August 2025. The former wife applied on 10 October 2025 for an order for sale; after repeated adjournments for judicial unavailability the sister was joined as intervener on 4 June 2026 and the beneficial ownership issue was listed for trial.