Enforcing Financial Orders After Divorce or Separation

Financial proceedings may lead to the making of financial orders, such as periodical payments by way of spousal maintenance, and in rare cases, child maintenance payments, a sale or transfer of property, lump sum payments, or pension sharing orders.

Where a party fails to comply with the Court’s order, an application can be made for enforcement. The Court has various measures available, some of which involve enforcing against the other party’s assets, while others involve enforcing against the Respondent personally.

Enforcement Against Assets

The following options are available:

Attachment of earnings – The Respondent’s employer is ordered to make payments to the Applicant by way of deductions from the Respondent’s earnings.
Third-party debt orders – An order directed against anyone who owes the Respondent money, requiring them to pay the Applicant instead.
Charging orders – An order securing the debt against the Respondent’s property, which may subsequently be enforced by an order for sale.
Order for sale – An order for the sale of property owned by the Respondent. This remedy, distinct from a sale to enforce a charging order, is only available to enforce orders for the provision of periodical payments, lump sums, or property adjustment orders.
Enforcement against pension assets – The Court may order a Respondent to draw down funds from their pensions, directing that those funds be paid to a stakeholder, and may simultaneously make a third-party debt order in respect of those funds. This, however, does not apply to occupational pension schemes.
Writ or warrant of control – A procedure whereby a Judge or creditor can instruct Bailiffs in the Family Court or High Court enforcement officers to seize the Respondent’s belongings to satisfy the debt.
Appointment of a receiver – A receiver may be appointed to take control of assets and extract funds to pay a judgment debt.
Writ or warrant of possession – The Court may grant a writ in the High Court or a warrant in the Family Court, directing the High Court enforcement officer or Bailiff to recover possession of land. This is useful if one party is holding onto property owned by the other.
Execution of documents – Where a Respondent has failed to execute documents, such as a property transfer or pension sharing order, the Court may execute the documents on their behalf.

Please feel free to arrange a meeting with a member of the Family Team at Churchers if you require any further advice or assistance. Call us on 01329 822 333

https://www.churchers.co.uk/services-individuals/divorce-cohabitation/