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.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Can the Court Order the Sale of Property After Divorce?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/orders-for-sale-of-property "Can the Court Order the Sale of Property After Divorce?") [Form D11 Interim Order Application](https://vardags.com/law-guide/financial-proceedings/form-d11-applying-for-an-interim-order "Form D11 Interim Order Application") [Lump Sum Orders in Divorce: What They Are & How They Work](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/lump-sum-orders-in-divorce "Lump Sum Orders in Divorce: What They Are & How They Work") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.