New Enforcement for Family Financial Orders

A recent report by the Law Commission has outlined a package of reforms, making the law governing the enforcement of family financial orders more effective, accessible and fair.

Throughout the year, thousands of separating couples apply to the courts for financial orders. 
Although the courts may issue an order for the payment of money or transfer of property to former spouses and any dependent children, they are not always adhered to. Most often with devastating affects such as basic needs not being met, missed rent or mortgage payments and affected standards of living for children.  

When orders are not enforced it can cause suffering that undermines trust in the judicial system, resulting in more people relying on help from the state. 

The improvements, which have been recommended by the Commission, include powers for the courts to retrieve information about debtors, whilst making a wider range of assets available for enforcement purposes. Examples of these enforcements could involve disqualifying debtors from driving or prohibiting them from travelling out of the UK.

There have also been recommendations to provide more guidance and information for parties involved with court based financial orders.

Alistair Dobson, head of Lawson-West’s Family Law department comments: "The enforcement of the Financial Proceedings Order is both complex and costly. Any additional powers made available to Judges to ensure that family orders are accessible and upheld will be welcome."

Need to find out where you stand? We offer advice. Our family team are available over our three offices, in Leicester, Wigston and Market Harborough. Please contact 0116 212 1000 / 0116 212 1080 or 01858 445 480 to arrange an appointment costing £100 +VAT.

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