Navigating the Maze: Enforcing Financial Orders in UK Family Law
Financial Remedy Orders in UK family law are essential tools for ensuring a fair and just distribution of assets following a divorce. However, the effectiveness of these orders lies in their enforcement. In this blog post, we delve into the intricacies of enforcing court orders made in financial proceedings.
Financial orders play a pivotal role in family law by setting out the financial responsibilities and entitlements of each party involved in a divorce. These orders can cover a wide range of matters, including the division of assets, spousal maintenance, child support and pension sharing. While obtaining a financial order is a significant step towards resolving financial issues, the real challenge often lies in ensuring compliance with the terms laid out in the order.
The Enforcement Landscape
Enforcing a court order can be a complex and multifaceted process. There are various mechanisms available for enforcing financial orders in the UK. These mechanisms include:
Charging Orders:
One of the tools available is the use of charging orders. This involves securing the debt against the debtor's
property, creating a charge that must be paid when the property is sold. There are advantages and limitations of
this enforcement method, and as a result, it is important to seek the right legal advice to determine whether
this would be an appropriate course of action in your specific circumstances.
Third-Party Debt Orders:
A third-party debt order can be employed to recover the owed funds directly from the debtor's bank account. This
is an order that results in third party funds owed to the paying party being paid to you instead. For example,
if the paying party has a bank account with a positive balance or they are due to receive monies, the order can
be made over these sums.
Attachment of Earnings Orders:
Another enforcement avenue is the attachment of earnings orders, which allows the deduction of the owed amount
directly from the debtor's wages. This type of order is only appropriate when the debtor is suitably employed.
Property transactions:
An application can be made to court for the Judge to sign the land registry transfer documents if your ex-spouse
refuses to sign them.
Committal Proceedings:
For more serious cases of non-compliance, there is a possibility of committal proceedings. This involves taking
legal action against the non-compliant party, potentially leading to their imprisonment for failing to adhere to
the court order.
Enforcing financial orders in family law is not just a legal process; it often involves navigating emotional challenges as well. There is always a human element in family law proceedings and emotions can impact both the enforcement process and the relationship between parties.
Enforcing financial orders in UK family law is a nuanced and multifaceted process, requiring a thorough understanding of legal mechanisms and practical strategies. Some avenues of enforcement such as eviction of a person from a property that they are refusing to leave will fall within the ambit of civil law, as opposed to family law. It is crucial that you receive expert, specialist advice so that you are provided with relevant information on the various options available to you and what course of action may be best in your particular circumstances.
As individuals embark on the journey of enforcing financial orders, they are encouraged to approach the process with a combination of legal acumen and a realistic understanding of the challenges involved.
If you need assistance in any family law matter, our team of experienced Family Law experts is here for you. Navigate legal processes with our support. Contact us on 0333 9205911 or fill out a call back request to explore how we can assist you.
Written by Joanne Bennett
