What Happens If My Ex Does Not Comply With The Financial Order?
Posted on 18th June 2020
Our Property Law Solicitors occasionally find that a respondent fails to return the signed transfer when they believe that the financial order made was unfair and they want to appeal the decision or their circumstances have drastically changed since the order was made.
To start with though, what is a financial order?
A financial order is the Court Order that sets out the provisions for what will happen to the finances when you and your ex-partner divorce. The Financial Order will be approved and issued by a Family Court Judge who will take into account both yours and your ex-partners financial position. More on that here.
What financial orders are available to me?
The Family Law Court has the authority to make a variety of financial orders from Property adjustment to lump sum orders.
What are my options if my ex does not comply with the financial order?
Your first port of call should always be to immediately tell the Solicitor who acted for you. Your Family Law Solicitor will then discuss the enforcement methods available.
What happens if my ex does not comply with the financial order and I don’t know where they are now?
Under the Civil Procedure Rules you can apply to the Court for an order to obtain information. If the Court agrees then the respondent will be ordered to attend court.
How do I make my ex do what the financial order states?
If there is a financial order in place you can either specify how you want the order to be enforced or you can apply for an order for such method of enforcement as the court may consider appropriate.
What methods of enforcement are available?
Attachment of earnings
Here the respondent’s employer will deduct a specified sum from his earnings made up of the amount of the maintenance order and sometimes a proportion of the arrears, the employer will the forward the money deducted from the wage to the Court.
Warrant of Control
This method allows the High Court enforcement office to seize and sell assets belonging to the respondent sufficient to meet the outstanding amount (think unpaid lump sum orders)
Third party dept order
This allows you to receive payment from a third party who owes the respondent money. Again, this method is useful for unpaid lump sums.
MCA 1973, s24A
Under the Matrimonial Causes Act, the court can make an order for sale of property, to enforce an order. So, if the order says a respondent must pay £30,000.00 to the applicant. the Court may order that if this payment is not paid in 3 months of the decree absolute being issued, then the home must be sold.
You can apply to put a security over land or property that the respondent may own which can provide you with security for the dept but this application can be quite long winded and the Court will have discretion as to whether to order a sale or not.
Under the Debtors Act 1869 the court has power to commit a respondent who has not paid a periodical payment order or a lump sum order.
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