Enforcing a Financial Order UK: What to Do If Your Ex Doesn’t Pay

When a marriage ends, a financial order is often made by the court to fairly divide money, property, and pensions. These orders are legally binding and are designed to give both parties clarity and security after divorce.

But what happens if one party refuses to comply? This guide explains what a financial order is, what happens when it’s breached, and the steps you can take to enforce it in the UK.

What Is a Financial Order in Divorce?

A financial order sets out how assets and finances will be divided following divorce. It may include:

• Spousal maintenance – regular payments from one spouse to the other.

• Child maintenance (if included alongside a Child Arrangements Order).

• Lump sum payments – a one-off payment from one spouse to the other.

• Property orders – such as selling the marital home and dividing the proceeds.

• Pension sharing orders – dividing pension entitlements.

These arrangements can be agreed by consent and approved by the court, or imposed by the court if an agreement cannot be reached.

What Happens If a Financial Order Is Breached?

A financial order is a court order, and failing to comply is a serious matter. Common breaches include:

• Missing maintenance or lump sum payments.

• Refusing to sell or transfer property.

• Failing to comply with pension sharing or other asset divisions.

If your ex is not meeting their obligations, you have the right to apply to court for enforcement.

Enforcing Financial Order UK

This section explains the main steps involved when enforcing financial order UK after a divorce. If your ex-partner is not complying with a financial order, you can:

1. Seek legal advice – to identify the best enforcement method.

2. Apply to the court – using the appropriate enforcement application.

3. Provide evidence – such as proof of missed payments or refusal to cooperate.

The court will then decide on the most suitable enforcement method depending on the circumstances.

Enforcement Methods Available

Courts in England & Wales can use a range of enforcement options, including:

Attachment of Earnings Order

Payments are taken directly from the non-compliant party’s wages.

Third Party Debt Order

Money is taken directly from their bank or building society account.

Charging Order

A charge is placed over their property. When sold, the debt must be repaid from the proceeds.

Writ or Warrant of Control

Bailiffs can seize and sell personal belongings to cover the debt.

Committal to Prison or Suspended Sentence

In extreme cases, a person who repeatedly refuses to comply can face imprisonment.

Time Limits for Enforcement

If maintenance arrears are outstanding, you must usually apply for enforcement within 12 months of the arrears becoming due. If more time has passed, the court’s permission is required.

Special Circumstances

• Loss of income – If the paying party has lost their job or suffered a financial setback, the court may consider capitalising maintenance, converting future payments into a lump sum (if assets allow).

• Cross-border enforcement – Orders made in England & Wales can be enforced abroad, and foreign orders can be enforced in England & Wales under reciprocal arrangements.

Costs of Enforcement

In family proceedings, each party usually pays their own legal costs. However, in enforcement applications, if you are successful, the court may order your ex to contribute to your costs. The judge will consider whether your costs were reasonable.

Practical Tips for Enforcing Financial Order UK

• Keep accurate records of all missed payments or breaches.

• Try to resolve issues early through solicitors’ correspondence.

• Consider mediation if appropriate, as it may resolve matters more quickly.

• Stay calm and focused on the legal process rather than personal conflict.

FAQs About Enforcing Financial Orders UK

• How long does it take to enforce a financial order? It depends on the complexity of the case and the enforcement method used. Some actions, like attachment of earnings, can be arranged quickly, while property sales may take months.

  
  

• Can I enforce a financial order if my ex has no money? Yes, but the court may vary the order or explore alternatives. In some cases, enforcement may not be practical if your ex genuinely has no means to pay.

  
  

• Can overseas assets be enforced? Yes, but it depends on where the assets are located. UK courts can enforce financial orders abroad if the country has a reciprocal enforcement agreement or is part of an international convention. Similarly, some foreign financial orders can be recognised and enforced in England & Wales under these arrangements.

  
  

Why Legal Advice Matters

Enforcing a financial order can be complex. The best method depends on your ex-partner’s circumstances, the type of order, and the arrears involved. Seeking advice from an experienced family law solicitor will give you the best chance of achieving a fair outcome quickly.

At Evalen Law Solicitors, we can guide you through the process of enforcing a financial order, ensuring your financial security is protected.