When a financial order is made, that should be the end of matters but unfortunately, for some, that is not always the case. Once an order has been made, it is important to implement the terms. If one party does not implement the terms, then it may be necessary to seek enforcement of the order.
Enforcement
Enforcement proceedings arise when one of the parties to a court order breaches its terms, and it's necessary for the other party to ask the court to decide how the order should be enforced.
When seeking enforcement of an order, it is important to consider what resolution the non-breaching party seeks. This may be to enforce a sale of a house, to seek full payment of a lump sum or for a party to pay the maintenance they are due. In other circumstances, implementation of the specific terms of the order may no longer be possible.
Where it is possible to enforce an order, you should still consider the proportionality of this because in some cases, it will cost you more to get a court remedy than considering alternative options. Our lawyers will discuss with you the remedies available to you, the cost of pursuing them and our advice on how to proceed.
We can also advise parties who believe that they themselves may be in breach of a court order. Breach of a court order can have civil and criminal implications, so it is important to seek specialist advice if you consider that you may be in breach.
