Enforcement of financial orders

Ensuring compliance with a financial order

Ensuring you receive the award that has been granted to you

Once a financial order – which sets out how the financial assets of you and your former spouse will be divided – has been approved by a court, it becomes legally binding. Even if the order was reached on mutually agreeable terms, in certain situations, the paying party will simply refuse to part with the money or assets which they are due to pay or transfer to their former spouse. If either party fails to fulfil their obligations as ordered, the terms of the order can be enforced legally through the courts.

What actions can I take?

Before initiating any legal action regarding a breach of a financial court order, it is advisable, if possible, to first approach your former partner and inform them of the breach. There might be genuine reasons for their failure to comply with the financial settlement order, and through communication, you may be able to resolve the issue. This approach also serves as evidence in any potential court proceedings, showing that you acted reasonably and fairly.

If, despite your efforts, the breach persists or your former spouse does not respond, it may be time to seek legal advice and consider taking legal action to address the situation.

How can a financial order be enforced?

There are several legal avenues to address a refusal to comply with a financial order, and the courts possess various robust powers to ensure enforcement. This applies even when an order was agreed upon through consent, as long as it was presented to a judge for approval, rendering it legally enforceable as a consent order.

The potential routes available to enforce compliance by the defaulting party include: a charging order, an attachment of earnings order, a third-party debt order, a warrant of control, or various orders concerning the sale or transfer of property.

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