In the majority of cases once a court has made a financial Order on divorce the party whom it was made against will most often comply. Sometimes they will not – care and prompt advice is necessary.
There may be difficulties in enforcing maintenance Orders once arrears of more than twelve months has accrued. The general rule is that arrears accrued more than twelve months before an enforcement application is issued may be “written off”. An application to enforce will sometimes trigger an application to vary.
In the case of Orders for payments of capital over £5,000.00 you might be entitled to claim interest on unpaid balances.
In the case of Orders for the transfer of land we can apply on your behalf to the court and ask for the Judge to sign the Transfer – if your former spouse won’t.
Other commonly used methods of enforcement include:-
- Charging Order – asking the court to attach a Charge against land.
- Third Party Debt Order – asking the court to seize money – usually in a bank account.
- Attachment of Earnings – asking the court to deduct money from the payer’s salary – commonly used in maintenance cases.
- Warrants of Possession/or execution – asking the Court Bailiff either to seize goods or to secure possession of premises.
We have experience of dealing with enforcement in England of financial Orders made on divorce or divorce abroad.