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Enforcing a financial Order

When a court order is issued in the financial proceedings following a divorce, whether through a court decision or mutual agreement, it specifies the responsibilities of each party. These obligations may encompass provisions for maintenance, lump sum payments, property sale, or pension sharing orders. The purpose of the order is to provide protection to both parties in the event of non-compliance by the other party.

 

If one party fails to meet the outlined responsibilities in the order, you have the option to file an application with the court to enforce the order. There are various enforcement methods available, and the appropriate approach for your situation will depend on the specific provision of the order that has been breached.

 

It's crucial to note that when seeking to enforce overdue payments, initiating the enforcement process within 12 months of the arrears becoming due is essential. If the arrears exceed this 12 month period, court permission is necessary to proceed with the enforcement of payment.

 

In the event that the party responsible for payments has recently experienced job loss, resulting in the loss of their income, the court may explore the option of capitalising the maintenance, assuming this is an available option. In this scenario, the court would evaluate the total of future maintenance payments, determining a lumpsum value equivalent to these amounts.

 

Enforcing payment of an order issued in England & Wales can be accomplished in courts located in another jurisdiction. Similarly, the courts in England & Wales have the capacity to enforce payment of orders issued in foreign jurisdictions.

 

In family proceedings, the general rule is that each party covers their own costs. However, enforcement applications deviate slightly from this norm. If you successfully enforce the order, it is likely that a portion of your costs will be covered by the other party. The court maintains discretionary power regarding costs, assessing the reasonableness of the costs before granting any cost orders.

 

In summary, when a financial order following a divorce is breached, prioritising enforcement becomes crucial. Ultimately, seeking professional advice is essential for adeptly navigating and ensuring compliance.

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