It now remains to consider and to explain what happens if your former spouse;
- fails to comply with these orders,
- how to vary them after the event, or;
- whether you can cancel them.
If, once you are in receipt of your matrimonial finances court order, your former spouse partially or completely ignores it, then as soon as you become aware of this, DO contact us immediately.
DON’T leave it for months and months to give them more wriggle room. We’ll guide you on methods and claims to recover your legal costs to enforce.
Here are some examples.
Attachment of earnings order.
If your former spouse is employed by an organisation, you can seek one of these. Commonly used for maintenance payments and arrears up to 12 months old, their income is deducted at source if they’re in default. It’s embarrassing for them and works for you.
Warrant of control.
If they’re in ‘ spousal’ maintenance arrears, rather than child maintenance arrears (which is predominantly dealt with by the Child Maintenance Service), or haven’t paid a lump sum due, you can ask us to get the Court to enforce the order by enforcing payment, or taking their belongings, to sell and pay you the sum specified in the court order.
Getting someone else to pay you what’s owed.
A good example is, firstly, getting their bank to freeze their account without giving them advanced notice, then getting an order for them to hand it over, not directly, but getting the bank to do it. And get them to pay your legal costs on their behalf.
Order for sale to enforce.
They owe you a lump sum. Not paying it. You can get the Court to order that, because of this, the matrimonial home, or other substantial asset, shall be sold and you get it from the proceeds. You can apply for costs for doing it too.
Charging order.
If preferred, you can ask the Court to add security for the amount owed to one of their assets that will cover the lump sum owed. Disadvantage is that you may not be the only one with a charge like this and also, it can be complicated and less advantageous than order for sale.
This list of options isn’t exhaustive, but they do give you options.
Facing non-compliance with your Matrimonial Financial Order? Contact HGW Solicitors today for expert guidance on the Enforcement of Matrimonial Financial Orders. Our experienced family law team will work tirelessly to enforce your court order and recover what you’re owed. Schedule a free consultation to discuss your options and take control of your financial future. Don’t let your ex disregard the court’s decision. Enforce your Matrimonial Financial Order with HGW Solicitors.
Contact one of our experts in the first instance for a no-obligation free half-hour discussion.