A season for resolution: Navigating enforcement of family court orders at this festive season
As the holiday season approaches, many hope for a peaceful end to the year and a fresh start in January. However, for some, the festive period can bring added stress—especially if a former spouse is not complying with a financial order made by the family court. If you are waiting for maintenance payments, a lump sum, or the transfer of property, you may be wondering what steps you can take to ensure the court’s decision is respected.
How can I enforce a family court order?
If your ex-partner is not fulfilling their obligations, you can apply to the court for enforcement. The court has a range of powers, including:
- Attachment of earnings orders (deducting payments directly from wages)
- Third party debt orders (redirecting funds held by banks or others)
- Charging orders (placing a charge on property)
- Warrants of control (authorising bailiffs to recover money owed)
- Committal applications (in rare cases, seeking imprisonment for persistent refusal)
Often simply the threat of any of the above enforcement options encourages compliance with the original order.
Key considerations before taking action
- Nature of the breach: Is it a missed payment, a refusal to transfer property, or something else? The path of action will depend on the specific breach
- Communication: Sometimes, a polite reminder or a solicitor’s letter can resolve matters without court involvement
- Evidence: Keep contemporaneous records of missed payments, correspondence, and any attempts to resolve the issue amicably. As time passes, this can become more difficult to unpick or explain
- Costs and timescales: Enforcement can take time and may involve legal costs. Weigh the likely benefit against the expense. When it comes to unpaid maintenance, any unpaid sums older than 12 months will need the court’s permission to enforce
- Alternative solutions: Mediation or negotiation may be appropriate in some cases, especially if there are ongoing family relationships to consider. The cost of court proceedings is an important factor to consider
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FAQs: Enforcement of family law financial orders
You can enforce most financial orders made by the family court, including maintenance payments (spousal or child), lump sum payments, property transfers, and pension sharing orders.
If your ex-partner fails to comply, you can apply to the court for various enforcement orders. The right option depends on the type of breach and your ex-partner’s circumstances. You don’t necessarily have to decide the method of enforcement at the outset. You can apply to court to enforce in the manner deemed appropriate once you have obtained further financial information from the other party.
Common enforcement options include attachment of earnings, third party debt orders, charging orders, warrants of control, and committal proceedings. Often the threat of these enforcement options leads to negotiation and payment.
Yes. Generally, you should act promptly. While there is no strict short deadline for enforcing financial orders, delays can complicate matters. For arrears over 12 months old, you will require the court’s permission to enforce, so the sooner you act, the better.
The general rule in family law proceedings is that each party pays their own costs. However, when it comes to enforcement proceedings the rules are different. The court could make an order for costs against the party who has failed to comply with the order. Interest can also be added to the money owed.
A festive perspective
No one wants to spend the holidays worrying about unpaid settlements or financial uncertainty. Taking prompt action now can help you secure your entitlement and start the new year with confidence. At Freeths, we understand the emotional and practical challenges of enforcement, especially during the festive season, and can advise you on the merits of your case.
Wishing you a peaceful festive season and a positive start to the new year.
For further advice please get in touch with our family team or contact Judy Bodansky via email at Judy.Bodansky@freeths.co.uk
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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