Sometimes parties have to apply to court to enforce part or all of an order made within financial proceedings, where their spouse has failed to comply with the terms of the financial settlement.
The court has a wide range of powers to deal with the breach of a court order including, but not limited to, the following:-
- Attachment of earnings order – to recover payment direct from the non-paying party’s employer
- Charging order – to secure payment against a property
- Third party debt order – to recover payment from a third party, such as the non-paying party’s bank
- Order for the sale of property
- Seizing stock or goods
- Where a financial order has been breached it is important to make an application for enforcement as soon as possible as certain time limitations may apply.