Whilst an order may be agreed upon or made by the court, the next stage is the implementation of the terms of that order, and in some cases there may be reluctance from a party to comply. There are however a number of remedies available to effectively force compliance of the terms of the order.
Methods of enforcement
Writ of control or warrant of control
This is the process of taking control of goods and selling them as a method of enforcement of a money judgment. The court grants the power for an enforcement officer to seize and sell goods.
Third Party Debt Order
This is an enforcement method used to recover money owed under a judgment by targeting funds held by a third party, such as a bank. The court can order those funds to be frozen and then paid to the applicant to satisfy all or part of the judgment debt.
Charging Order
This imposes a legal charge over the debtor’s beneficial interest in land, or certain other assets. Once you obtain the charging order you enforce it to ensure compliance, for example by applying for an order for sale of the land.
Attachment of earnings order
This ensures compliance with a maintenance order. The court can direct that a proportion of the debtor’s earnings are deducted at source and paid to settle the debt.
Appointment of a receiver
This remedy is used to preserve and realise assets so that a creditor can recover money owed under a judgment. The court appoints a receiver to take control of specified property or income and apply it towards payment of the debt. It may be appropriate where other enforcement options, such as a charging order, are unavailable or unsuitable, for example where the debtor has a life interest in land, an interest under a trust, or certain other types of assets.
Committal for contempt of court
A Judge can send the non-compliant party to prison as punishment. While this remedy does not itself recover the debt, it can be a powerful means of encouraging compliance with the court’s orders and serves as a strong deterrent against non-compliance.
Writ of sequestration
A power of the court to enable a defendant’s property to be seized and retained until they do comply with the court order.
What steps need to be taken to apply to enforce the order?
If you know the exact method of enforcement you are seeking, you can apply directly for that specific method of enforcement. However, often you don’t have all of the information to determine which method of enforcement is the best. In those circumstances, the court allows you to apply for enforcement in such a way that you ask the court to determine the best method. If you are applying to enforce a payment of money you will generally use this process.
The application is made to the same court or the designated family court in the region where the order was originally made. Once the application is processed, the court will issue a court direction requiring the debtor to provide information and documentation in support of their means and will schedule a court hearing where the debtor will need to attend and answer questions as required by the court.
At the first hearing or a subsequent hearing (if further information is required) the court will determine the whether the original order has been breached, what the method of enforcement will be and any costs applications that may have been made.
At Ward Hadaway our specialist family law team a wealth of experience in enforcing matrimonial court orders and advising on the most appropriate enforcement strategies. Whether you are seeking to recover unpaid lump sums, enforce the sale or transfer of property, or address ongoing non-compliance with a court order, we can provide clear, practical advice and robust representation to help protect your interests. If you would like to discuss your options, please do not hesitate to get in touch.