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The Family Procedure Rules 2010
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The Family Procedure Rules 2010, Section 40.4 is up to date with all changes known to be in force on or before 03 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Rule 40.4:
- rule 6.23A inserted by S.I. 2024/1016 rule 3(2)
- rule 12.73A inserted by S.I. 2024/1322 rule 4
- rule 14.14A inserted by S.I. 2024/1322 rule 6
- rule 11.4(7) inserted by S.I. 2024/1016 rule 7(1)(c)
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- rule 6.23A inserted by S.I. 2024/1016 rule 3(2)
- rule 12.73A inserted by S.I. 2024/1322 rule 4
- rule 14.14A inserted by S.I. 2024/1322 rule 6
- rule 11.4(7) inserted by S.I. 2024/1016 rule 7(1)(c)
[F1Application for a charging orderE+W
This section has no associated Explanatory Memorandum
40.4.—(1) An application for a charging order may be made without notice.
(2) An application must be made to the family court or to the High Court, as appropriate and as specified in section 1 of the 1979 Act.
([F2His Majesty’s] Courts and Tribunals Service publishes information to identify the appropriate location of the family court or High Court to which an application for a charging order should be sent.)
(3) A creditor may apply for a single charging order in respect of more than one judgment or order against the same debtor.
(4) The application must—
(a)be in the form and contain the information required by Practice Direction 40A; and
(b)be verified by a statement of truth.]
Textual Amendments
F1Pt. 40 inserted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 8(b), Sch. 2 (with rule 9)
F2Words in rule 40.4(2) substituted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 19
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