Leave to Enforce Old Arrears: MCA 1973 s. 32
Under MCA 1973 s. 32, maintenance arrears due for more than twelve months cannot be enforced in court without special permission (leave) from the court.
A person shall not be entitled to enforce through the High Court or the family court the payment of any arrears due under an order for maintenance pending suit, an interim order for maintenance or any financial provision order without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun. The court hearing an application for the grant of leave under this section may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or may remit the payment of the arrears or of any part thereof. An application for the grant of leave under this section shall be made in such manner as may be prescribed by rules of court.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 32 restricts how older maintenance payments can be collected. If payments owed under a court order—such as maintenance pending suit, an interim maintenance order, or a financial provision order—fell due more than twelve months before legal action to collect them begins, the person seeking payment cannot enforce them automatically through the High Court or the family court. They must first obtain "leave" (permission) from the court.
When a court considers an application for leave under this section, it has wide discretion. It can refuse to grant leave, grant permission with specific conditions or restrictions (such as allowing the debtor extra time to pay or setting an instalment plan), or cancel (remit) all or any part of the unpaid arrears.
Rules of court set out the specific procedures and formal steps required to apply for permission to enforce these older arrears.
When it applies
- An ex-spouse attempts to collect unpaid spousal maintenance payments that became due more than twelve months before filing enforcement papers in court.
- A former partner asks the court to forgive or reduce unpaid arrears accrued under an interim financial order over a period exceeding twelve months.
- A court attaches instalment conditions to a grant of leave, permitting an individual to pay older maintenance arrears over time.
What this section does not say
- Enforcing maintenance arrears that became due within the last twelve months, which do not require the court's prior leave.
- Varying or discharging ongoing financial relief orders, which is addressed under section 31.
- Seeking repayment of sums overpaid under a financial order, which is governed by section 33.
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This page reproduces the text of MCA 1973 s. 32 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.