Sequestration (confiscation of assets) within contempt proceedings

Produced in partnership with David Salter

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Produced in partnership with David Salter

Practice notes

Sequestration is a process for dealing with a Contempt of Court that would be otherwise punishable by a committal under which the assets of the Respondent may be seized and retained until the order in question is complied with.

Regard should be had to the amendments made to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 with effect from 1 October 2020 that significantly changed the position as to sequestration under FPR 2010. Corresponding changes were also made to the Civil Procedure Rules 1998 (CPR), SI 1998/3132, see: Background and News Analysis: Changes to contempt of court in family proceedings.

Sequestration arises in two contexts. This Practice Note is concerned only with the confiscation of assets (embracing the term sequestration) in proceedings for contempt under the substituted FPR 2010, SI 2010/2955, Pt 37 in effect from 1 October 2020, as distinct from sequestration as a method of enforcement, in relation to which see Practice Note: Sequestration to enforce a financial order.

For practical guidance on contempt and committal generally, see: Contempt and committal in

David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family.

Jurisdiction(s):

United Kingdom

Key definition:

Sequestration definition

What does Sequestration mean?

The Scottish term for the bankruptcy of an insolvent estate of an individual or partnership. Technically, it is a person's estate which is sequestrated or set aside for the use of his creditors.

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