I have a Court Order confirming financial settlement following divorce. The other party has been ordered to pay me a lump sum/transfer property to me but is not cooperating. If the other party does not follow what was ordered in the Order by the Court, how can I enforce the Order?
You will have to apply to the court to apply for the order to be enforced.
Will I get interest on the sum paid?
If the lump sum is over £5000.00, interest may be payable.
How much will it cost me?
The fee for filing such an application at court is £50. This excludes any legal costs for use of a solicitor.
How will it be enforced?
An application is sent to the Court requesting that an order is enforced through a specified method of enforcement or that the order is enforced through a method of enforcement that the court sees as appropriate. There may be a hearing and the court may request the person who owes the money to come into court, produce any documentation as required by the court and answer some questions on oath.
There are a number of ways in which a Court can enforce an order which include:
Third party debt order – an order made against the person to enforce a debt in which the money is usually taken from the person’s bank account.
Attachment of earnings order – the debt will be paid from the person’s employer in instalments and the employer will take this money directly from the employee.
Charging order – if the other party owns property, a charge could be registered against the title of the property, so that when the property is sold, the creditor will receive the monies due to them out of the net sale proceeds.
Means of payment order – this is where the person is required to pay periodical payments for the debt.
How long will it take to enforce the order?
It depends on the type of enforcement process.
You will need to apply to the Court where the original financial order was made. If the proceedings have been transferred, you will need to apply to the transferred Court.
What if the due date of payment was over a year ago?
Permission will be required from the Court. A separate application would need to be made to enforce arrears of more than a year old.
I have a Court order for an Order of Sale/Transfer of property for a property. The sale has not taken place. Can I enforce this order?
This is a different application to enforcing a lump sum payment. There are a number of ways in which you can do this.
You could make an application to the Court and ask that a penal notice is attached to the Order. If the penal notice is then added to the Order, any continuing breach by the non-cooperating party will now be in contempt of court in which they could be fined or imprisoned.
Alternatively, an application can be made to court for an order of execution of deed by a nominated person i.e. a judge will sign the paperwork for transfer/sale of the property in place of the other party. This will be followed when a person refuses to comply with the order to sell/transfer.
Also, you could apply to court to ask that the court vest the property in you so that you have the right to sell the property.
The court fee for making these applications is £155.00 (subject to change).
If you wish to speak to any of our expert family lawyers about enforcing a financial order or for any other advice, please contact us on 033 0300 1103 or request a callback.