A financial remedy order sets out how assets, savings, company interests, property, pensions and maintenance are divided between separating parties once approved by a family court.
Once the judge has approved the order and it is sealed by the court it becomes legally binding, meaning both parties must comply with every term.
Common Types of Breach
Sometimes, there is a “reluctant” spouse, who chooses not to comply with the court order. This may be by:
Missing or late spousal maintenance payments
Failure to pay an agreed lump sum by the deadline
Refusal or delay in transferring property or shares
Ignoring pension-sharing provisions.
We will always try to remedy the breach without the costs and expense of returning the matter to the court.
Enforcement Remedies
The Court has weapons in its armoury that it can and will use, when necessary:
Application for Enforcement
Third-Party Debt Order – freezes and redirects funds from bank accounts or debtors
Attachment of Earnings Order – deducts payments at source from wages
Charging Order – secures debts against property without immediate sale
Order for Sale – forces sale of property as a last resort
Judgment Summons – requires a defaulting party to attend court, risking imprisonment for wilful non-payment.
Person vs. Property
When deciding how to enforce, the court first distinguishes between:
Orders against property or assets (debt recovery, sale orders, charging orders)
Orders against the person (contempt proceedings, fines, imprisonment, passport forfeiture).
Contempt of court for disobedience carries penal consequences and can trigger custodial sentences. A penal notice on the face of the original order warns the debtor of these risks.
Sanctions and Case Examples
Courts will not hesitate to use custodial sentences even for relatively modest sums. The value of the asset bears no weight once an order is breached:
In Hope v Krejci, failure to transfer vehicles worth £16,000 led to a two-month prison sentence if not complied with by a set date
In Pocock v Pocock, sporadic mortgage payments and non-redemption prompted a 14-day suspended sentence, enforceable through immediate prison if default recurred
Trott v Trott saw both an ex-husband and his new wife receive suspended custodial terms for multiple breaches, including improper asset disposal.
The procedure and costs consequences of enforcement can be onerous. We would encourage you to make contact with one of our specialist family law solicitors at Lawson West on 0116 212 1000.
