Enforcement
What it is, who and how we can help
At the conclusion of financial remedy proceedings (or NCDR) there will be an order setting out the terms that will then need to be implemented. If one party fails to cooperate with implementing the order, or simply refuses to abide by the terms of the order then it may become necessary to take steps to enforce the order.
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Enforcement usually requires an application to be made to the court. The court has a number of tools in its arsenal to enforce its orders and it is possible to specify what you would like the court to do. Alternatively, it is also possible to leave the method of enforcement to the court to determine. There are multiple options open to the court including-
1. Asking a judge to sign documents to enable the sale or transfer of a property to take place;
2. Attachment of earnings (taking money directly from a person’s salary);
3. Charging orders;
4. Third party debt orders;
5. Order for sale;
6. Judgment Summons.
Enforcement can be complex and care needs to be taken to determine the most appropriate way forward. Specialist guidance is essential to properly navigating the enforcement of court orders. We are experienced in assisting our client’s in taking the appropriate steps to enforce orders and can guide you as to the most appropriate methods.
FAQs
No. We will advise you on the options available and it is possible to make an application to the court on Form D50K inviting the court to determine the most appropriate method of enforcement.
Yes. If you are making an application to enforce arrears of maintenance then it is necessary to make the application to court within 12 months of the sums payable falling due. If arrears are over a year old then the court’s permission is required to enforce payment.
The usual rule in family proceedings is that each party will meet their own legal costs. However, enforcement applications are treated differently and it may be possible to seek an order that the defaulting party meets your costs.
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