Enforcing Financial Remedy Orders

When a marriage or civil partnership comes to an end, one of the key issues to resolve is the division of finances. Ideally, this is then formalised through a financial remedy order, which can be made either by mutual agreement or by a judge following a contested hearing. But what is a Financial Remedy Order and what are the options for enforcing one?

What might be included in a Financial Remedy Order?

A financial remedy order may cover:

The sale or transfer of a home or business assets
Payment of a lump sum
Spousal maintenance or ongoing financial support
Pension sharing

What happens if one party doesn’t comply?

Whilst most people comply with these court orders without issue, problems can arise if one person doesn’t do what they’re supposed to under the order. That might be failing to pay a lump sum, hindering the sale of a property or other asset, or refusing to sign a document.

There are, however, a range of enforcement options available through the courts and the other party has a legal right to ask the Court to enforce the terms of the order

The most suitable method depends on what part of the order has been breached and the financial situation of the person who is defaulting.

Methods of enforcing a Financial Remedy Order

Financial Responsibilities

Third-Party Debt Order
If a third party is holding funds on behalf of defaulting party, the court can order those funds be taken directly to cover the amount owed. This is often, but not always, a bank or building society.
Attachment of Earnings Order
This requires the defaulting party’s employer to deduct a set amount from their wages each month to pay what’s due be that a lump sum payment, maintenance arrears and/or monthly maintenance going forward.
Charging Order
The unpaid sum is secured as a legal charge against a property owned by the defaulting party. The court may also then order the sale of that property to enable recovery of the debt.
Warrant of Execution
Court-appointed bailiffs can seize belongings from the defaulting party, which may then if necessary be sold to pay the debt.
Judgment Summons
In very serious cases, if someone has the means to pay but is deliberately refusing, the court can issue a summons and may impose a prison sentence for wilful non-payment.
Pension sharing
If the defaulting party is over 55 and eligible to access their pension, it may be possible to recover the money from those funds.

What if it’s not clear which method to use?

The best method of enforcement is not always immediately obvious but, in those circumstances, an application can be made which asks the court to assess the defaulting party’s financial situation and decide on the best enforcement method in the circumstances.

Non-Financial Responsibilities

Some parts of a court order may involve actions rather than money—like signing forms or cooperating in the sale of a house. The court can step in here, too:

Signature Orders
If one party refuses to sign important documents (like stock transfers or property sale forms), the court can authorise a judge or solicitor to sign on their behalf.
Possession Orders
If someone is obstructing the sale of a property, the court can order them to vacate the property so it can be sold.
Committal for Breach of Undertaking

If a party made a formal promise to the court (known as an undertaking)—for example, this might be to resign from a business or obtain a religious divorce—but fails to follow through, they can be fined or even imprisoned if they don’t comply.

Don’t delay!

If an ex-partner fails to follow a court order, it’s crucial to act promptly. Delaying enforcement may reduce your chances of success, especially if the defaulting party changes their financial position or hides assets. Applications relating to maintenance arrears also, in general, need to be made within 12 months of the arrears having accrued.

What about costs?

In most family court cases, each party pays their own legal fees. But with enforcement applications, if you’re successful, the court will often order the other party to pay your costs in addition to the original debt.

How can we help?

Our experienced family law team can help you:

Enforce a financial remedy order
Identify the most effective enforcement strategy
Defend an enforcement action brought against you

Whether you’re seeking payment or are facing enforcement action yourself, we can provide practical, cost-effective legal support to guide you every step of the way.

Get in touch with our family law team today to book an initial consultation or visit our Finances and Divorce services page for more information on the support we provide.

CONTACT US

Helen Davies