Our highly skilled family team assists clients by taking action to enforce court orders in circumstances where there has been a breach.
There are various methods by which a party can enforce a financial order (otherwise known as a money judgment) and secure payment of monies owed to them, whether this be a lump sum, or spousal and child maintenance arrears.
These methods include, but are not limited to, obtaining an attachment of earnings order, which requires the payer’s employer to deduct payment from their earnings until the debt is paid, a third party debt order, which freezes and seizes monies in the hands of a third party (such as a bank), and a charging order, which imposes a charge over equity in the debtor’s property or other assets and prevents the debtor selling the charged asset until the debt has been paid. Once a charging order has been obtained, the party in whose favour the order is made can apply for an order for the property to be sold.
Other means for enforcing a financial order include for the debtor to be declared bankrupt or, as a last resort, their committal to prison.
There are other methods by which a party can seek the enforcement of court orders for the sale or transfer of properties.
If one party fails to comply with an order for the sale of a jointly owned property, the other party may apply to have sole conduct of the sale and for the sale deed to be executed by a judge on behalf of the defaulting party. A party may also apply to have a penal notice attached to an order for sale and subsequently seek to have that party fined or imprisoned if they continue to breach the order.
Similarly, if one party fails to comply with an order for the transfer of property, the other party may apply for an order to have the transfer deed executed by a judge on behalf of the defaulting party.
It is also possible to enforce child arrangements orders when a party fails to adhere to the terms of the court order without a reasonable excuse.
Methods of enforcement to encourage compliance with child arrangements orders include a requirement to undertake unpaid work, compensation for financial loss, a variation of the child arrangements order that encompasses a more defined order or reconsideration of the living or contact arrangements, a fine and committal to prison.
Our expert family team deals with enforcement of the full range of financial, property and children orders made by the family court.
Enforcement can be difficult and expensive, so clients need to seek legal advice and establish which methods of enforcement are available to them, the costs of taking action, and the prospects of recovering the costs they incur in the enforcement process. A full cost-benefit analysis should be undertaken by clients before commencing any enforcement action.
Sheridans has a specialist family team which provides advice in all aspects of family law, within a leading media, entertainment and technology law firm. We understand our clients’ needs for discretion, personal and bespoke advice in order to manage highly sensitive family cases.
Sheridans is a leading media and technology law firm whose lawyers combine in-depth legal and commercial knowledge with breadth of expertise and experience to give unparalleled advice to their clients.
