Enforcing a Financial Order UK: What If Your Ex Is Not Complying?

Reaching a financial settlement after divorce can feel like a significant milestone. However, problems can arise when one party fails to comply with the terms of a court-approved financial order. This can be stressful, frustrating, and financially damaging for the party who is relying on that order being followed.

If your former spouse is refusing to comply with a court-approved settlement, enforcing a financial order UK may be necessary. A financial order is legally binding, and the court has wide powers to ensure it is followed where one party fails to meet their obligations.

In this guide, we explain what it means when a financial order is breached, what steps you should take, and how the court can help enforce compliance.

Enforcing a Financial Order in The UK: What Are Your Options?

What Is a Financial Order?

A financial order is a legally binding court order made following divorce or dissolution proceedings.

It sets out how finances should be dealt with, including matters such as:

• Lump sum payments

• Spousal maintenance

• Sale or transfer of property

• Pension sharing orders

Once approved by the court, both parties are legally required to comply with the terms of the order.

What Does Non-Compliance Mean?

Non-compliance occurs when one party fails to meet their obligations under a financial order. This can include:

• Failing to pay maintenance

• Missing lump sum payment deadlines

• Refusing to sell or transfer property

• Failing to implement a pension sharing order

Even if the breach appears minor, any failure to comply with a court order is taken seriously.

Common Reasons Financial Orders Are Breached

There are a number of reasons why a financial order may not be followed, including:

• Financial difficulties or loss of income

• Deliberate refusal to pay

• Poor communication between ex-spouses

• Disputes over interpretation of the order

• Delay or obstruction with pension administrators

Regardless of the reason, ignoring a court order is not acceptable.

What Should You Do First?

Before taking formal enforcement action, it is often sensible to take the following steps:

1. Check the Order Carefully

Ensure the order is clear, final, and enforceable. Some provisions may be subject to timing or conditions.

2. Keep Records

Maintain detailed records of missed payments, correspondence, and any attempts you have made to resolve the issue.

3. Try to Resolve Matters Informally

In some cases, a reminder or solicitor’s letter may prompt compliance, particularly if the breach was not intentional.

Can a Financial Order Be Enforced?

Yes. If informal resolution fails, you can apply to the court to enforce the financial order. The court has a wide range of enforcement powers available, depending on the nature of the breach.

What Enforcement Options Are Available?

The court may consider several enforcement methods, including:

• Attachment of Earnings Orders: payments taken directly from wages

• Charging Orders: securing debt against property

• Third Party Debt Orders: freezing money held in bank accounts

• Orders for Sale: forcing the sale of property

• Judgment Summons: where refusal to pay is wilful

In serious cases, the court can impose fines or, in rare circumstances, imprisonment.

Is There a Time Limit for Enforcement?

Applications to enforce overdue maintenance payments should usually be made within 12 months of the arrears falling due. If enforcement is sought after this period, permission from the court may be required.

This makes it important to act promptly if payments are missed.

What If Circumstances Have Changed?

If the paying party claims they can no longer afford to comply due to a genuine change in circumstances, they may apply to vary the order. However, until the order is formally varied by the court, it remains legally binding and must be complied with.

Costs and Enforcement Proceedings

In family proceedings, each party usually bears their own costs. However, enforcement applications are treated differently. If enforcement action is successful, the court may order the non-compliant party to pay some or all of the legal costs incurred.

When Should You Seek Legal Advice?

If your ex-partner is not complying with a financial order, early legal advice is strongly recommended. A family law solicitor can:

• Assess the breach and available enforcement options

• Advise on proportional and effective action

• Prepare and submit enforcement applications

• Represent you in court if necessary

A financial order is designed to bring certainty and finality after divorce. When one party fails to comply, enforcement may be necessary to protect your financial position and bring matters to a conclusion.

If you are dealing with non-compliance or are unsure how to proceed, professional legal advice can help you understand your options and take the appropriate next steps.

At Evalen Law Solicitors, we advise clients on all aspects of financial orders, enforcement proceedings, and post-divorce financial matters, providing clear and practical guidance when it matters most.