Interim Orders for Sale & Lump Sum Payments

What Are Interim Orders?

Interim orders are temporary court orders made during ongoing divorce proceedings to address urgent financial issues before a final settlement is reached. While courts cannot make interim orders for capital under Section 24A of the Matrimonial Causes Act 1973, there are alternative legal routes to request:

• Sale of property
• Lump sum payments

These orders can help release funds for living expenses, legal fees, or to preserve assets at risk of dissipation.

Judicial Disagreement on Interim Orders for Sale

There is ongoing debate in UK family law about whether courts can order the sale of property before final settlement.

• Mr Justice Cobb, in WS v HS [2018] EWFC 11, ruled that interim sale orders are not permitted under the MCA 1973. He overturned a District Judge’s decision to sell the matrimonial home, siding with the wife who argued the sale was premature and undervalued.

• Mr Justice Mostyn, in cases like BR v VT [2015] and SR v HR [2018], has taken a more flexible view. He allowed orders that effectively resulted in interim sales, using other legislation such as the Family Law Act 1996 and the Married Women’s Property Act 1882. Mostyn J maintains that sale orders are procedural and do not affect ownership, but believes the issue requires resolution by a higher court.

Need Expert Help?

Solicitors may need to think creatively when interim sale is in the client’s best interest. This could involve filing MWPA or TOLATA applications alongside MCA proceedings, running parallel proceedings to secure early sale, and using interim orders to release equity for legal costs or rehousing.

If you are considering or going through a divorce and require advice on interim orders, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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