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My ex-partner is refusing to pay what has been agreed on the court order. What are my rights?

If your ex-partner does not comply with the financial order then a variation of the order can be sought through the courts. Alternatively there are other remedies in English and Welsh law and abroad if the other party will not co-operate with the order.

There are various enforcement methods available to you if your ex-partner will not co-operate with the order. These include a charging order (attempting to attach a charge against land), attachment of earnings (money can be deducted from the payer’s salary), a third party debt order (attempting to seize money) and warrants of possession or execution (seize goods or secure possession of premises).

It is imperative that you seek legal advice as soon as possible if your previous partner is not complying with the financial order. Any maintenance payments that haven’t been paid for more than twelve months since the enforcement order was made could be written off. It is also worth noting that you may be due interest at a rate of 8% on any unpaid capital payment over £5,000.

Before going to court, it is best to talk to your partner first to try and get them to comply with the order. If this doesn’t work, your solicitors should attempt to negotiate with your ex-partner’s solicitors to reach an agreement outside of court. Only if these things don’t work should you then go to court as this can be a lengthy and expensive process.

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