In the case of BSA v NVT [2020] EWHC 2906 (Fam), the enforceability of consent order recitals came under scrutiny. Here's a summary of the key points and the judgment relating to the enforcement of recitals in a consent order.
Case Background
- The parties, parents of two children, had a consent order outlining financial provisions, including a housing fund for the mother.
- The father failed to provide the housing fund, prompting the mother to seek enforcement of the order.
- The father appealed, challenging the enforcement of recitals in the consent order.
Enforcement and Committals
- The father argued that breaches of agreements within recitals are not enforceable by the court and fall outside the scope of Schedule 1 proceedings.
- The court referenced previous cases where recitals were deemed enforceable as part of the court's decision.
Judgment Insights
- The court cited precedents indicating that recitals can be enforced as if they were part of the formal order.
- Recitals are enforceable if they align with the court's jurisdiction to make similar orders.
- In this case, the recital regarding the housing fund fell within the court's power to settle property for the benefit of the child under Schedule 1.
- The court emphasised that the penal notice was attached to the consent order, indicating enforceability.
- The December 2018 order, including its recitals, complied with legal requirements and permitted enforcement actions.
Summary
- Consent order recitals are enforceable in the same manner as formal orders if they align with the court's jurisdiction.
- The court has discretion to enforce recitals that fall within its power to make similar orders.
- Proper documentation and adherence to legal requirements ensure enforceability and protect parties' rights in family law matters.
