TY v XA (No. 4) [2025] EWFC 488 (17 December 2025)

TY v XA (No. 4) [2025] EWFC 488 (17 December 2025)

The respondent's obligations to pay outstanding school fees and the pre-final hearing LSO sum are enforceable and not suspended by the pending appeal, as these sums fell due prior to the final order and appeal. The respondent has sufficient liquidity to comply, and enforcement is necessary to prevent prejudice to the applicant and children. Asset preservation orders are justified to ensure compliance.

Citation
[2025] EWFC 488
Parties
Applicant: TY; Respondent: XA
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Family Law Enforcement and Variation Applications / Post Final Order Enforcement Hearing
Outcome
Enforcement orders granted in part; asset preservation and further LSO orders made; application for order for sale adjourned.
Legal Topics
Enforcement of Financial Orders, School Fees, Legal Services Orders, Injunctions, Property Preservation, Appeal and Stay Applications
Family Law Enforcement of Financial Orders School Fees Legal Services Orders Injunctions Property Preservation Appeal and Stay Applications

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Parties

TY

Applicant

XA

Respondent

Procedural Posture

Family Law Enforcement and Variation Applications / Post Final Order Enforcement Hearing

Legal Issues

  1. 1 Whether the respondent should be compelled to pay outstanding school fees for the children
  2. 2 Whether the respondent should pay outstanding and further Legal Services Order (LSO) sums
  3. 3 Whether an order for sale or preservation order should be made against the respondent's property interest

Ratio Decidendi

The respondent's obligations to pay outstanding school fees and the pre-final hearing LSO sum are enforceable and not suspended by the pending appeal, as these sums fell due prior to the final order and appeal. The respondent has sufficient liquidity to comply, and enforcement is necessary to prevent prejudice to the applicant and children. Asset preservation orders are justified to ensure compliance.

Court Disposition

Enforcement orders granted in part; asset preservation and further LSO orders made; application for order for sale adjourned.

Orders

  • Respondent prohibited from selling, charging, or diminishing value of ZZZ shares until outstanding school fees and £28,000 LSO sum are paid, save to use shares for compliance.
  • If not complied with by 5 January 2026, respondent must also pay January 2026 school fees before accessing shares.