Enforcing a Financial Court Order: What to Do if Your Ex Refuses to Pay
on
When a financial order is granted in a divorce, both parties are legally required to comply. However, non-compliance is unfortunately common—whether it’s missed maintenance payments, refusal to transfer property, or failure to pay a lump sum settlement.
If your ex-spouse is refusing to follow the terms of a financial order, there are legal steps you can take to enforce it. This guide explains how to enforce a financial order in divorce, the court’s enforcement powers, and what options are available to recover what you’re owed.
💡 Related Reading: If you’re unsure what financial orders cover, read our guide on Understanding Financial Orders in Divorce.
If your ex-spouse is refusing to follow the terms of a financial order, there are legal steps you can take to enforce it. This guide explains how to enforce a financial order in divorce, the court’s enforcement powers, and what options are available to recover what you’re owed.
💡 Related Reading: If you’re unsure what financial orders cover, read our guide on Understanding Financial Orders in Divorce.
Common Reasons for Non-Compliance
Some of the most common issues people face when trying to enforce a financial order include:✅ Non-payment of spousal or child maintenance – Your ex-spouse refuses to pay or falls behind on payments.
✅ Failure to transfer property or assets – They refuse to transfer a house, car, or pension share ordered by the court.
✅ Lump sum payments not made – A one-off financial settlement hasn’t been paid.
Regardless of the reason, court orders are legally binding, and there are ways to ensure compliance.
How to Enforce a Financial Order in Divorce
If your ex isn’t complying with a financial order, you can apply to the court to enforce it. The court has several enforcement methods, depending on what’s owed.- Attachment of Earnings Order If your ex-spouse is employed, the court can issue an Attachment of Earnings Order to deduct money directly from their wages.
- Charging Order (Against Property or Assets) If a financial order includes a lump sum payment, and it hasn’t been paid, you can request a Charging Order. This places a legal charge on your ex’s property, preventing them from selling it until the debt is settled.
- Third Party Debt Order If your ex has money in a bank account but refuses to pay, the court can freeze the account and transfer funds directly to you.
- Bailiff or High Court Enforcement For unpaid sums, bailiffs (or High Court Enforcement Officers for larger amounts) can seize valuables such as cars, jewelry, or other assets to settle the debt.
- Committal to Prison (For Serious Non-Compliance) In extreme cases, if a person repeatedly refuses to follow a financial order despite court warnings, they can face a fine or imprisonment. While rare, this is a strong deterrent for persistent non-compliance.
How Long Do You Have to Enforce a Financial Order?
There is no strict time limit for enforcing a financial court order, but acting quickly is crucial. Delaying enforcement may make it harder to recover what you’re owed, especially if your ex tries to hide or dispose of assets.If it has been several years since your financial order was issued, you may still be able to enforce it—but legal advice is essential. Get in touch with our team and we can advise on the best course of action.
Costs & Process of Enforcing a Financial Order
How Much Does It Cost to Enforce a Financial Order?
Court fees for enforcement applications typically range from £100 to £300, depending on the enforcement method. Legal fees will vary based on complexity, but if enforcement is straightforward, costs can be kept minimal.How Long Does Enforcement Take?
The timeline depends on:- Whether your ex complies immediately after court intervention.
- The complexity of the enforcement action.
- The court’s processing time.
Preventing Future Non-Compliance
If you’re in the process of negotiating a divorce settlement, taking the right steps now can reduce the risk of future disputes.✅ Get a legally binding Consent Order – This ensures financial agreements are enforceable.
✅ Seek legal advice before signing any agreement – An experienced solicitor can safeguard your interests.
Common Questions About Enforcing Financial Court Orders
1Can a financial order be enforced?
Yes, financial orders are legally binding and can be enforced through various court actions, including wage deductions, asset seizure, and even imprisonment in extreme cases.
2What if my ex claims they can’t afford to pay?
If they genuinely can’t afford the payments, they can apply to the court for a variation of the order. However, they must provide financial evidence, and if they’re simply refusing to pay, the court will take enforcement action.
3Can I enforce a financial order years after my divorce?
Yes, financial orders remain enforceable for many years, but acting quickly improves your chances of recovery.
4Will my ex get a criminal record for non-compliance?
No, but if they deliberately refuse to pay despite having the means to do so, they could face fines, asset seizure, or imprisonment.
5Can I refuse a financial order?
If a financial order has been made by the court, both parties are legally required to comply. Refusing to follow it can result in enforcement action, penalties, or legal consequences.
6Can a judge overrule a financial order?
In certain circumstances, yes. A judge can vary or set aside a financial order if there has been fraud, material non-disclosure, or a significant change in circumstances. However, this is rare and requires strong legal grounds.
Next Steps: Get Legal Advice on Enforcing Financial Orders
If your ex isn’t complying with a financial order, taking action quickly is crucial. Our expert family law solicitors can guide you through the enforcement process and ensure you recover what you’re owed.📞 Need advice? Contact us today for a confidential consultation.
