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Enforcement of financial orders

A financial order is made by a court when both parties separating for example, through divorce, agree to the order or alternatively, if the parties cannot agree, the court decides what the financial order should be. If either party doesn’t comply with the financial order then it can be enforced by the court and could even result in the non-complying party going to prison through contempt of court.

However, there are other remedies in English and Welsh law, and abroad, if the other party will not co-operate with the order.

This can be an extremely difficult time for both parties who have just gone through the upheaval of a divorce. If your previous partner is refusing to co-operate with the terms of the financial order then this can make what is already a stressful time become almost unmanageable. This is why it is important to seek independent legal advice from a specialist team of solicitors such as Austin Kemp.

Austin Kemp has a team of expert solicitors who specialise in the enforcement of financial orders, particularly with regard to high net worth individuals who have investments and assets not just in the United Kingdom but all over the world. If you wish to enforce a financial order, we are experienced in the court systems of both England and Wales and abroad and are able to advise you of the best way to proceed. Alternatively, if you have been told that you have failed to comply with your financial order, then we have experience in advising you of your options. If this is the case it is imperative that you seek independent legal advice with specialist solicitors, such as Austin Kemp, as soon as possible in order to best protect your assets and your freedom.

Austin Kemp are also experienced in dealing with enforcement orders when the party who is not co-operating is outside the jurisdiction and can guide you through the process either in courts in England and Wales or abroad.

There are various enforcement methods available to you if your previous 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 directly from the payer’s salary), a third party debt order (attempting to seize money, even from a bank account) and warrants of possession or execution (seize goods or secure possession of premises). It is also possible to make a non-payer bankrupt and seize all his/her assets.

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 on any unpaid capital payment.

Austin Kemp has a vast range of experience in this highly complex and changing area of law.

“We don’t ask the judge – we tell them!”

Recently, a change in the rules has enabled parties to ask the court to enforce an order ‘by such means as it sees fit’.

At Austin Kemp, we don’t make those applications. We see it as our business as professionals to work out what enforcement method is most likely to work and not leave it for a judge to decide. WE work with our clients to make a specific application so that enforcement is as speedy as the court system allows.

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0845 862 5001 or email us today.

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