Financial Remedies On Divorce

How to enforce financial remedy orders?

We can advise you on the best method to enforce financial remedy orders. 

Court proceedings for enforcement can be time consuming and costly. There are various options, including the following:

• If the method of enforcement is not known, then rule 33.3 enables a judgment creditor to ask the court to determine the method of enforcement. The procedure involves completing a Form D50K Notice of application for enforcement for such method as the Court may consider appropriate. This will be accompanied by a statement showing the amount due. 
• Attachment of Earnings order – this is made to ensure payment of maintenance or arrears under Part 39 Family Procedure rules. It results in an amount being deducted directly from the debtor’s income by their employer until the debt is paid in full. The benefit is that the debtor does not have to make any payments – they are made by his or her employer. This process is only appropriate if the debtor is in paid employment. 
• Third Party Debt order – this will freeze monies owed by the debtor, which are presently in the hands of a third party. The sums are then paid directly to the judgment creditor. This would be appropriate if the funds are held in a bank account. The relevant procedure involves seeking an interim third party debt order, and subsequently a final third party debt order.
• Charging order – this imposes a charge over the debtor’s interest in land, securities or other assets. The application involves a two stage process, including an interim charging order and a final charging debt order. The court will consider, when dealing with a charging order, whether there is sufficient equity in the property or if it is jointly owned. 
• Order for sale – this may be sought after a charging order is made (as above). 

Judgment summons – pursuant to Section 5 of the Debtors Act 1869 and Rules 33.9 and 33.17 of the Family Procedure Rules. Given that the failure to make payment of a sum pursuant to a court order is contempt of court, the Court can order the debtor to be imprisoned. This is not a common option, and other enforcement methods should be considered first of all. The relevant form is D62 – Request to issue judgment summons. 

Divorce Solicitors London

Our specialist divorce solicitors, based in London, provide a professional and efficient service. To chat our discreet and confidential family lawyers call us on 020 7123 4600, email us at co*****@**********co.uk or make an online enquiry here.